Justice James Omotosho of the Federal High Court in Abuja, yesterday, struck out a suit filed by the former minister of state for labour and productivity, Mr. Festus Keyamo against the candidate of the Peoples Democratic Party (PDP) in the last presidential election, Mr. Atiku Abubakar.
The plaintiff had sought Atiku’s arrest and prosecution by the anti-corruption agencies for alleged sleaze.
Keyamo who served as the spokesman for the presidential campaign council of the ruling All Progressives Congress (APC), had filed the suit in the build-up to the February 25 presidential and national assembly elections.
However, the judge dismissed the suit at the preliminary stage for being frivolous, and awarded a total of N10 million against the complainant.
The judge ordered Keyamo to pay N5 million to each of Atiku and the Independent Corrupt Practices and other related offences Commission (ICPC).
The court also added a 10 per cent interest rate per annum until full liquidation of same.
The judge dismissed Keyamo’ suit after upholding the preliminary objection filed by Atiku’s lawyer, Mr. Mike Ozekhome, and ICPC’s counsel, Mr. Oluwakemi Odogun.
He ruled that the suit was frivolous, vexatious and constituted an abuse of court process.
Keyamo had in the suit through his counsel, Mr. Festus Ukpe, sought an order of the court to compel the Code Of Conduct Bureau (CCB), the Economic and Financial Crimes Commission (EFCC) and ICPC to invite or arrest Atiku.
He prayed the court to order the agencies to investigate and prosecute Atiku based on the claims contained in an affidavit deposed to by one Michael Achimugu, alleging that Atiku used a special purpose vehicle (SPV) to corruptly enrich himself while he was Nigeria’s vice president between 1999 and 2007.
In response to the suit, Ozekhome raised a preliminary objection arguing that Keyamo lacked the basis to institute the said suit, having failed to disclose what he suffered over and beyond other members of the public.
Ozekhome further contended in his written brief that Keyamo did not disclose any wrong done to him by Atiku or what damage he had suffered.
He described the former minister as a busybody and meddlesome interloper, as the entire suit disclosed no reasonable cause of action whatsoever.
Arguing the matter before the judge, Mr. Benson Igbanoi, a lawyer from Ozekhome’s law firm, also argued that the suit constituted a gross abuse of office, the plaintiff being a public officer occupying a public office and using public funds to file and prosecute same.
He further contended that the suit was instituted in bad faith; frivolous; vexatious and therefore a waste of judicial time.
In his judgement, Omotosho agreed with the defendant’s lawyer that Keyamo lacked the ‘locus standi’ to institute the suit, having failed to establish any special interest over and beyond other members of the public, or show any damage suffered by him.
The court went further to hold that Keyamo’s letter to the CCB, ICPC, and EFCC (2nd, 3rd and 4th defendants, respectively in the suit) in which he gave them an ultimatum of 72 hours to arrest, investigate and prosecute Atiku, was done in bad faith, as the agencies were not in any way his errand boys.
The judge queried if 72 hours was ever sufficient to investigate and commence the prosecution.
Therefore, the court ruled that the action of the plaintiff in rushing to file the suit was a move done in bad faith, more so coming from a lawyer of his standing.
The judge commended the EFCC and ICPC for showing restraint and not allowing themselves to take orders from the plaintiff as if they were his servants.
Recall that the litigant had, on January 16, issued a 72-hour ultimatum to the (CCB), the ICPC and the EFCC to arrest Atiku.
In his petition to the agencies, Keyamo asked them to arrest Atiku on offences of money laundering, breach of the code of conduct for public officers, conspiracy, and criminal breach of trust and misappropriation.
At the end of the expiration of the ultimatum, the minister filed his suit at the Federal High Court in Abuja seeking an order compelling the security agencies to arrest Atiku.
Keyamo premised his suit on the allegations made by one Michael Achimugu, who claimed to be a former aide to Atiku.
Achimugu, in a series of social media posts, accused Atiku of using SPV to commit financial fraud.
Keyamo contended that Achimugu’s outburst provides substantial evidence to corroborate his allegations against Atiku.
*With Premium Times report
