A Â Federal High Court in Port Harcourt presided over by Justice Ibrahim Buba has reserved judgment for March 3, 2008 in the case involving the former governor of Rivers State, Dr. Peter Odili, and the Economic and Financial Crimes Commission (EFCC).
Odili is asking the court to restrain the EFCC from arresting and prosecuting him based on the report of the commission�s investigations.
EFCC had said it had concluded investigations on allegations of looting of the state treasury by Odili and was in the process of deciding what to do when the former governor went to court to seek protection from prosecution.
Counsel to Odili, Chief Ifedayo Adedipe (SAN), said his client was challenging the power of EFCC, which had already been restrained in an earlier case from using the result of its investigation to prosecute Odili since he was the governor of the state when the order was made.
He said the order was still subsisting, adding that the anti-graft body could not use the same report to want to arrest and prosecute his client.
He adopted the written address, which he said had been served on all he necessary parties in the suit.
Adedipe said none of the defendants in the matter made any attempt to respond to the originating summons and �Therefore urge my Lord to grant my reliefs as contained in the originating summons and other materials filed before you�.
Responding, counsel to the EFCC, Mr. James Binang, said the EFCC filed notice of preliminary objection to the summons, pointing out that the caption of their objection clearly opposed all Adedipe was claiming were unchallenged.
He thereafter adopted his written brief, which he reminded the court also challenged the interlocutory injunction restraining the EFCC from arresting and prosecuting Odili.
He urged the court to rule in his favour.
At this point, Justice Buba observed that the case was ripe for judgment but that he could not fix a date when there were interlocutory motions pending on the matter.
Adedipe told him that he was ready to withdraw the motion provided that EFCC would be gentlemanly by respecting its earlier pledge not to do anything to preempt the decision of the court.
Binang replied that the Commission had respect for the rule of law. He also withdrew his objection before the judgment day was fixed.
Odili had gone to court praying that he could benefit from the restraining order of the court against EFCC, while the EFCC is of the opinion that he was not a party in the case and could not benefit from the order of the court, which is already being contested at the Appeal Court in the state.
He is also praying the court to restrain EFCC from making public the result of its investigations of his eight-year rule while the EFCC is counter claiming N1billion in their response to the suit.
Earlier, motions filed by the Attorney General of the Federation (AGF) asking for an extension of time to file his written briefs were struck out for lack of diligent prosecution.
The court observed that the AGF had not done anything since the filing of the motions.
Jan172008