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September 13, 2006
...As VP asks court to quash reports; Seeks injunction to stop Senate’s hearing
In a related development, Vice President Alhaji Atiku Abubakar yesterday asked a Federal High Court in Abuja to quash the reports of an administrative Panel of Inquiry and the Economic and Financial Crimes Commission (EFCC), which indicted him of conspiracy, fraudulent conversion of funds, corrupt practices and money laundering.
By EWACHE AJEFU, Abuja
The Vice President premised his bid for the nullification of both reports on a violation of his right to fair hearing as provided under Section 36 of the 1999 Constitution.
The suit named as defendants the ATTORNEY GENERAL the Federal Republic of Nigeria) and that the said reports are null, void and of no effect whatsoever.
2. A declaration that the decisions of the Federal Executive Council as represented by the 1st Defendant herein reached or taken on 6/9/06 on the report of the panel of inquiry comprising the 2nd – 6th defendants concerning and indicting the plaintiff are unconstitutional, unfair, unjust, illegal, null and void and of no effect whatsoever.
3. An order setting aside the decisions of the Federal Executive Council as represented by the 1st Defendant herein taken on 6/9/06 concerning the Plaintiff and based on the report of the 2nd – 6th defendants.
4. A declaration that the 7th Defendant acted ultra vires the powers conferred on it by its enabling law and contrary to the purported request made to it by the United States Attorney’s office for certain investigation to be carried out with regard to a business venture involving i Gate an American Company and NDTV, a Nigerian company in its report dated 24th August, 2006 and therefore the report is illegal, null and void.
5. A declaration that the Administrative Panel of Inquiry consisting of the 2nd – 6th Defendants is not a panel known to Law and/or does not qualify as a panel within the contemplation of the Tribunal of Inquiry Act Cap 447, Laws of the Federation of Nigeria, 1990 or the Constitution of the Federal Republic of Nigeria, 1999 and therefore unconstitutional, illegal and of no effect whatsoever.
6.A declaration that the 2nd – 6th Defendants exceeded their jurisdiction and/or purported terms of reference in reaching the conclusions contained in their report dated 5th September, 2006 and that the conclusions and recommendations in the said report are null, void and of no effect whatsoever.
7. A declaration that having regard to reliefs 1- 6 above, the 8th, 9th and 10th Defendants lack the power to look into, consider, or take any step or action detrimental to the interest of the Plaintiff based on the said reports of: i. The 2nd – 6th Defendants of 5th September, 2006 ii. The 7th Defendant of 24th August, 2006 and or 8.An order setting aside: i. The report of the 2nd - 6th Defendants of 5th September, 2006. ii. The report of the 7th Defendant dated 24th August, 2006. 9. An order of perpetual injunction restraining the 1st, 7th – 10th Defendants, their servants, agents and privies howsoever stated from acting or further acting on the reports reference No.: EFCC/EC/01/104 dated 24/8/2006 on alleged conspiracy, fraudulent conversion of funds, corrupt practices and money laundering by some public officers and other persons dated 5th September, 2006 (submitted by the 2nd, 4th, 5th, and 6th Defendants to the President of the Federal Republic of Nigeria).
Posted by Publisher at September 13, 2006 03:07 PM
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