The Federal High Court sitting in Benin City will on November 9, 2007, rule whether or not it has jurisdiction to entertain the suit filed by the Delta State Government who requested the court to prevent the Economic and Financial Crimes Commission (EFCC) from investigating its finances from 1999 to 2007
On that date, the court is also expected to either or not vacates the order of interim injunction which it granted consequent upon the prayers of the Delta State government on 9 October, 2007.
It would be recalled that the court had on that date, while acting on a motion expert filed by the Delta State government, granted an order of interim injunction restraining the federal government and the EFCC from taking any step to force the officials of the government, past or present, to submit the documents to them (defendants) pending the hearing and determination of the motion on notice.
But the Federal Government in collaboration with the EFCC had last Tuesday challenged the jurisdiction of the court presided over by Justice G. C. Okeke to hear the suit.
Arguing on the issue, Counsel to the Delta State government, Mr. Ken Mozia, said in choosing to file an application to discharge an injunction, which he described as optional, and file another application to challenge the court’s jurisdiction, the latter should be considered first. He went further to stress that the order of injunction did not prohibit investigation neither did it prohibit the prosecution of anybody which the counsels to both the EFCC and the Attorney-General concurred with, explaining that these were the only fears expressed by the Delta State government.
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