This Day (Lagos)
Funso Muraina
9 July 2009
Abuja — Economic and Financial Crimes Commission (EFCC) has asked the Federal High Court sitting in Abuja to grant it an ex-parte motion that will enable the anti-graft body to attach the criminal charge sheet filed by it on the gate of the former minister of Federal Capital Territory (FCT), Malam Nasir el-Rufai.
EFCC had filed an 8-count charge of criminal conspiracy on the former minister and two others and the commission over allegations of abuse of office, misappropriation of N32 billion and allocation of land to associates and family members.
At yesterday's hearing before Justice Adamu Bello, the two accused present were the former General Manager of Abuja Geographic Information Systems (AGIS), Altine Jubrin, and former Director General, Ismaila Iro. A.O Adelodun (SAN) said, personal service of the charge in the case has not been effected on the former minister after all efforts made by him, hence the need for another ex-parte.
He said the application was brought in line with Section 90 of the Criminal Procedure Acts (CPA) and the inherent jurisdiction of the court as prescribed by the constitution.
According to him, the application is for the relief of the court for the service of the charge and or summon in this case on the first accused person by affixing the charge on the front gate of No. 12 Mambila Street, Maitama, Abuja where el-Rufai lived. He added that, the application is supported with a 13- paragraph affidavit.
He told the court that the bailiff of the court had visited the No. 12 Mambila Street Maitama, Abuja on four different occasions to effect personal service of the charge but to no avail.He noted that on one of the visits of the court bailiff , acting on the instruction of the first accused himself he dropped the charge sheet at the gate of the house. Justice Bello later adjourned for ruling on the exparte motion on July 9 and hearing of the substantive suit and plea taking till October 14.
Speaking with journalists, Akin Olujimi (SAN) said: "Before you can bring an accused person to court you must serve him personally, now up till today, he has not been so served, it is a matter of common knowledge that he (el-Rufai) is not in the country and you (EFCC) cannot just go and drop paper with his 'mai-guard' and say you have served him.
That was why we had to appear in view of protest."If they can ever take steps to serve (him) appropriately in accordance with the law, then we will no longer be appearing in view of protest, but for now there can be no reason for us to be recognised until the valid service is effected".The EFCC counsel however told judicial correspondents outside the court that he was not aware of any plan to extradite el-Rufai when he was asked on how far about the plan to extradite the former minister.
Be the first to Write a Comment!
Copyright © 2009 This Day. All rights reserved. Distributed by AllAfrica Global Media (allAfrica.com).
AllAfrica aggregates and indexes content from over 125 African news organizations, plus more than 200 other sources, who are responsible for their own reporting and views. Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica.
