News Agency of Nigeria
(NAN) reports that the Federal High Court Abuja had, earlier in the day, granted
the ICPC leave to freeze some funds in Yari’s Zenith and Polaris Bank.
The former Governor of
Zamfara, Abdulaziz Yari, on Friday, prayed the Federal High Court Abuja, to
direct the Economic and Financial Crimes Commission (EFCC) to unseal his
property located at Maitama, Abuja.
Yari, in an ex parte motion
brought by his Counsel, Mahmud Magaji, SAN, said the EFCC sealed the property
contrary to the provision of the law.
Magaji, who said that the
application was to ensure each government agencies operates within the confines
of the law, urged the judge ”to invoke his power to direct the EFCC to remove
the red inscription pasted on the house.”
Citing a previous case in
which a court delivered judgment in favour of an applicant, the lawyer said the
commission cannot seal a property without a court order.
He said the application was
supported by 11-paragraph affidavit and also supported by a written address
dated Aug. 16.
”We adopt same in urging
your Lordship to grant our application as prayed,” he said.
Magaji also told the court
that he was with a motion ex parte dated Aug. 15 and filed the same day, and
brought in accordance with the provisions of the fundamental human rights.
“It is supported by a
17-paragraph affidavit. We also have affidavit of urgency with 9 paragraphs.
“We also have a further
affidavit of five paragraphs and the same further affidavit has four exhibits
marked Exhibits M (a) M (2), M (a) M (3), M (a) M(4) and M(a) M(5).
“It also has written
address and we adopt same in urging your Lordship to grant our application as
prayed,” he said.
The counsel argued that in
as much as the applicant did not intend to prevent any government agency from
performing its function, due process of the law must be followed in carrying
out such duty.
”We urge your Lordship to
direct parties to maintain status quo pending the determination of the suit,”
Magaji said.
Justice Taiwo Taiwo, who
ordered that the case be heard during the vacation period, however, adjourned
the matter till Aug. 19 for ruling.
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