From Abba Sarki,Kano
Justice SM Shuaibu of the Federal High Court Kano has refused to grant an order restraining the Economic and Financial Crimes commission EFCC from Investigating a suspected shoddy land deal between Incorporated Trustees of Musabaqa Association and Nata’ala properties and investment limited owned by Tijjani Sule Garo.
The judge held that the suit filed by the applicants lacked merit and the reliefs sought are therefore refused.
The plot, about 2 hectares of land in size located at Ahmadu Bello way, was awarded to the Trustees of Musabaqa Association by the late military governor of Kano State Colonel Abdullahi Wase to build a befitting complex for the annual competition, but 38 residential buildings were erected instead to the chagrin of other members of the association.
A petition was subsequently forwarded to the Kano zonal office of the EFCC dated 11
/11/23 to investigate the illegal sale of the plot, worth 3.5 billon naira to the buyer Nata’ala Properties and investment limited, without the consent of other members of the trustees.
The applicants in the matter are incorporated Trustees of Musabaqa Association, Sheikh Ibrahim Shehu Mai Hula,Sheikh Gwani Yahuza Danzarga,Sheikh Tijjani Bala Kalarawi,Aliyu Harazimi,Barrister Saidu Muhammad Koki,Ado Shehu Maibargo,Dr Aliyu Darma,Tijjani Mai Lafia Sanka,Alhaji Tukur Gadanya and Alhaji Sabiu Bako.
While EFCC is the first respondent in the case, Goni Muhammad Yakubu,Goni Muhammad Khamisu Umar,Goni Jaafar Sabiu Kura,Goni Yusuf Ishaq,Goni Umar Adam and Goni Majidi Adam Shuaibu also members of the incorporated Trustees of Musabaqa Association are the second defendants.
The applicants had filed a fundamental rights enforcement suit pursuant to section 34,35,41 and 41 of the 1999 constitution as amended and articles 4,5,6 and 12 of the African charter on human and people’s right seeking a declaration against continuous invitation, harassment and intimidation and threat of arrest by the EFCC over what they called baseless and frivolous allegations of illegal sale of the said plot of land, arguing that members have legal rights to own property.They asked the court to restrain the EFCC from interfering and infringing upon their rights.
The judge held that the investigatory powers of the EFCC are similar to the powers of the police in section 4 of the police act, averring that the rights to personal liberty is not absolute and in the instant case the applicants failed to utilise the invitation from the EFCC.
He said the applicants failed to show the court the agreement it reached with Nata’ala properties and lacked the legal standards required to declaratory reliefs.
The judge said he agreed with the submission of the EFCC that the steps taken by the applicants to rush to the courts when invited in the course if investigation amounts to attempt to stifle the investigation which is consonance with the law.
Justice Shuaibu said it is established law that no court has the powers to stop police or the EFCC from investigation when there is suspicion a crime is being committed.
He awarded the sum of 250,000 naira as a cost against the applicants.
While counsel for the respondents Sadiq Yahya and John Chukwu Eze commended the judge for the ruling, Yahya Isa Abdulrasheed counsel for the applicants said he will head to the court of appeal to challenge the judgement.
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