A Federal high court in the Abuja judicial division will rule on a lawsuit filed by the leader of Nigeria's opposition parties, Conference of Nigeria Political Parties (CNPP) tomorrow. The suit seeks to compel the Economic and Financial Crimes Commission (EFCC) to perform its duty of investigating the chairman of the Independent National Electoral Commission (INEC) , Maurice Iwu for fraud, contract splitting, diversion of public funds and obtaining money by false pretenses.
googletag.cmd.push(function() { googletag.display('content1'); });
See case details below:
IN THE FEDERAL HIGH COURT OF NIGERIA
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
SUIT NO: ………………
BETWEEN:
1. ALHAJI BALARABE MUSA )
2. OSITA OKECHUKWU )
3. WILLIAM EZUGWU )…. APPLICANTS
4. CHIEF CHARLES NWODO )
5. MALAM YINUSA TANKO )
AND
ECONOMIC AND FINANCIAL CRIMES COMMISSION )…. RESPONDENT
STATEMENT
1. NAMES AND DESCRIPTIONS OF THE APPLICANTS
The 1st Applicant is the Chairman of the Conference of Nigeria Political Parties (CNPP); the 2nd Applicant is the Publicity Secretary of the Conference of Nigeria Political Parties (CNPP); the 3rd Plaintiff is the Secretary of the Conference of Nigeria Political Parties (CNPP); the 4th Plaintiff is the Chairman of the Progressive Action Congress (PAC) while the 5th Plaintiff is the National Secretary of the National Conscience Party (NCP).
2. RELIEFS SOUGHT BY THE APPLICANTS
A. A DECLARATION that the failure of the Respondent to prosecute Professor Maurice Iwu for serious economic and financial crimes to wit: FRAUD, CONTRACT SPLITTING, DIVERSION OF PUBLIC FUNDS and OBTAINING MONEY BY FALSE PRETENCES is illegal and unconstitutional as it violates Section 38 of the Economic and Financial Crimes Commission Act, 2004.
B. AN ORDER OF MANDAMUS compelling the Respondent to charge Professor Maurice Iwu, the Chairman of the Independent National Electoral Commission (INEC) with the offences of FRAUD, CONTRACT SPLITTING, DIVERSION OF PUBLIC FUNDS and OBTAINING MONEY BY FALSE PRETENCES.
3. GROUNDS FOR SEEKING RELIEFS
i. By virtue of the Economic and Financial Crimes Commission Act, 2004 the Defendant is statutorily empowered to investigate and prosecute economic and financial crimes committed in Nigeria.
ii. The Respondent has refused to investigate and prosecute Professor Maurice Iwu for sundry economic and financial crimes to wit: FRAUD, CONTRACT SPLITTING, DIVERSION OF PUBLIC FUNDS and OBTAINING MONEY BY FALSE PRETENCES.
4. FACTS IN SUPPORT
1. The 1st Applicant is the Chairman of the Conference of Nigeria Political Parties (CNPP).
2. The 2nd Applicant is the Publicity Secretary of the Conference of Nigeria Political Parties (CNPP).
3. The 3rd Applicant is the Secretary of the Conference of Nigeria Political Parties (CNPP).
4. The 4th Applicant is the Chairman of the Progressive Action Congress (PAC).
5. The 5th Applicant is the National Secretary of the National Conscience Party (NCP)
6. The Respondent is an agency of the Federal Government charged with the responsibility to enforce all laws dealing with economic and financial crimes in Nigeria.
7. The Applicants are law abiding citizens who pay their taxes as and when due.
8. The Applicants are leaders of registered political parties in Nigeria.
9. The Applicants are members of the Conference of Nigerian Political Parties whose basic objective is the promotion and defence of democracy, rule of law and accountability.
10. By a letter dated 10th December 2007 the Conference of Nigerian Political Parties requested the Respondent to investigate and prosecute Professor Maurice Iwu, the Chairman of the Independent National Electoral Commission for gross financial and economic crimes.
11. In the petition to the Respondent we requested for investigation into the following allegations of grave economic and financial crimes:
“I. BALLOT PAPERS:
a. On 4th January 2007 INEC awarded a contract for the printing of Ballot papers for the Presidential, National Assembly, Governorship and House of Assembly Elections, to the Nigeria Security Printing and Minting Company, Abuja. At the sum of N6,580,200,000.00 (Six Billion, Five Hundred and Eighty Million, Two Hundred Thousand Naira Only).
b. On 10th March 2007, 80% of the said contract sum of N6,580,200,000.00 was paid by INEC.
c. By the terms of the contract the company was required to deliver the above items within ten weeks from the 4th January 2007 to INEC Headquarters, Abuja.
d. Failure to meet the 10-week deadline was to render the contract null and void.
e. As the Nigerian Security and Minting Company had no facilities to execute the contract INEC re-awarded the contract to some British and South Africa firm to print the same set of Ballot papers at a much higher cost.
II. COMMUNICATION:
a. INEC led Nigerians to believe that the most sophisticated and modern communication equipment were required to facilitate the conduct of the elections and transmission of results throughout the country.
b. Accordingly, the following communications projects were appropriated and contracted.
i. Leased Global Networks = N4,000,000,000.00
ii. Authenticated/Accreditation Device= N9,000,000,000.00
iii. Collation Machines = N2,470,000,000.00
iv. Satellites Networks/IMMARSAT M4= N 150,000,000.00
v. VSAT Equipment = N 410,000,000.00
c. To our consternation not only did the contractors default in execution of the project, indeed none was utilized for the conduct of the elections and up till date no refund of the said sums has been made to the coffers of the Federal Government of Nigeria.
III. RADIOS:
a. A contract of N222 million was awarded by INEC for the activation of existing VHF and HF Radios in the states to a favoured contractor.
b. The contractor defaulted as the Radios were not activated up till now. The said sum of N222 million has not been refunded.
IV. VOTERS REGISTRATION (DDC MACHINES)
a. A contract was awarded for total of 33,000 units of Direct Data Capture Machine. The contract price was N4,954,300,000.00. The contract was breached as the number supplied was far below the agreed figure.
b. This led INEC to fraudulently change to laptops, commercial fingerprints and cameras and the 4,954,300,000.00 unaccounted for.
c. The Automated Fingerprint Identification System which was designed to prevent fraud was deliberately sabotaged for reasons best known to the INEC leadership.
d. The former Chairman of INEC, Dr. Abel Guobadia has publicly disclosed that the award of fresh contracts for the acquisition of machines for the registration was fraudulent as INEC only needed to update the registration exercise concluded in 2004. The loquacious Professor Maurice Iwu has not been able to challenge the serious allegation of fraud leveled against him by his predecessor”.
12. The Respondent received and stamped the said Petition on December 24, 2007. Attached herewith and marked Exhibit “A” is a copy of the Petition.
13. By a letter dated 9th January 2008 the Respondent requested the Applicant to assist in the investigation of Professor Maurice Iwu. Attached herewith and marked Exhibit “B” is the letter.
14. Pursuant to Exhibit B supra the Applicants assisted the Respondent in the said investigation which has since been concluded.
15. Despite repeated demands by the Applicants the Respondent has refused to prosecute Professor Maurice Iwu for undisclosed reasons.
16. Professor Maurice Iwu is not immune from prosecution under the Constitution of the Federal Republic of Nigeria.
17. Unless the reliefs sought by the Applicants are granted the Respondent will not prosecute Professor Maurice Iwu for grave financial and economic crimes.
Dated this……………day of February, 2009
……………………………….
FEMI FALANA ESQ.
FALANA & FALANA’S CHAMBERS
22 MEDITERRANEAN STREET,
IMANI ESTATE,
OFF SHEHU SHAGARI WAY,
MAITAMA DISTRICT,
ABUJA.
IN THE FEDERAL HIGH COURT OF NIGERIA
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
SUIT NO: ………………
BETWEEN:
1. ALHAJI BALARABE MUSA )
2. OSITA OKECHUKWU )
3. WILLIAM EZUGWU )…. APPLICANTS
4. CHIEF A.C. NWODO )
5. MALAM YINUSA TANKO )
AND
ECONOMIC AND FINANCIAL CRIMES COMMISSION )…. RESPONDENT
MOTION EX PARTE
Brought Pursuant to:
1. Order 47 Rule 5 of the Federal
High Court (Civil Procedure) Rules 2000
2. Inherent Jurisdiction of the Court
TAKE NOTICE that this Honourable Court will be moved on ………… the………… day of ……… 2009 at the hour of 9 O’clock in the forenoon or so soon thereafter as Counsel may be heard on behalf of the Applicants for Leave to apply for:
AN ORDER OF MANDAMUS compelling the Respondent to prosecute Professor Maurice Iwu, Chairman of the Independent National Electoral Commission (INEC) for FRAUD, CONTACT SPLITTING, DIVERSION OF PUBLIC FUNDS and OBTAINING MONEY BY FALSE PRETENCES forthwith.
Dated this……………day of February, 2009
……………………………….
FEMI FALANA ESQ.
FALANA & FALANA’S CHAMBERS
22 MEDITERRANEAN STREET,
IMANI ESTATE,
OFF SHEHU SHAGARI WAY,
MAITAMA DISTRICT,
ABUJA.
IN THE FEDERAL HIGH COURT OF NIGERIA
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
SUIT NO: ………………
BETWEEN:
1. ALHAJI BALARABE MUSA )
2. OSITA OKECHUKWU )
3. WILLIAM EZUGWU )…. APPLICANTS
4. CHIEF A.C. NWODO )
5. MALAM YINUSA TANKO )
AND
ECONOMIC AND FINANCIAL CRIMES COMMISSION )…. RESPONDENT
VERIFYING AFFIDAVIT
I, OSITA OKECHUKWU, Male, Nigerian and Politician of Plot 287 Addis Ababa Crescent, Zone 4, Wuse Abuja, do hereby make oath and state as follows:
1. I am the 2nd Applicant herein and the Publicity Secretary of the Conference of Nigeria Political Parties(CNPP) and as such I am conversant with the facts of this case.
2. I have the authority and consent of the other Applicants to depose to this affidavit.
3. All the facts contained in the Statement attached to this application are true to the best of my knowledge.
4. That I hereby verify all the facts contained in the Statement herein.
5. I make this declaration in good faith.
………………
DEPONENT
SWORN TO at the Federal
High Court Registry, Abuja
Dated this …….…day of February, 2009.
BEFORE ME
COMMISSIONER FOR OATHS
IN THE FEDERAL HIGH COURT OF NIGERIA
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
SUIT NO: ………………
BETWEEN:
1. ALHAJI BALARABE MUSA )
2. OSITA OKECHUKWU )
3. WILLIAM EZUGWU )…. APPLICANTS
4. CHIEF A.C. NWODO )
5. MALAM YINUSA TANKO )
AND
ECONOMIC AND FINANCIAL CRIMES COMMISSION )…. RESPONDENT
AFFIDAVIT OF URGENCY
I, OSITA OKECHUKWU, Male, Nigerian and Politician of Plot 287 Addis Ababa Crescent, Zone 4, Wuse Abuja, do hereby make oath and state as follows:
1. I am the 2nd Applicant herein and the Publicity Secretary of the Conference of Nigeria Political Parties (CNPP) and as such I am conversant with the facts of this case.
2. I have the authority and consent of the other Applicants to depose to this affidavit.
3. The Motion ex parte for mandamus herein was filed today at the Registry of this Honourable Court.
4. This matter is to compel the Respondent to prosecute Professor Maurice Iwu, the Chairman of the Independent National Electoral Commission forthwith.
5. By the nature of the case it ought to be heard urgently.
6. it is in the interest of justice to hear this matter expeditiously.
7. I make this declaration in good faith.
………………
DEPONENT
SWORN TO at the Federal
High Court Registry, Abuja
Dated this …….…day of February, 2009.
BEFORE ME
COMMISSIONER FOR OATHS
googletag.cmd.push(function() { googletag.display('comments'); });
googletag.cmd.push(function() { googletag.display('content2'); });