EFCC suffers set back as court rules in favour of Jonathan’s former aide
– Former aide to ex-President Goodluck Jonathan, Kingsley Kuku has gotten temporary relief from being prosecuted
– The Federal High Court in Lagos restrained the EFCC and others from arresting or probing Kuku, pending the determination of his appeal
– Justice Okon Abang had on February 17, ruled that the anti-graft commission can probe and prosecute Kuku
– A dissatisfied Kuku had filed and appeal challenging the verdict
The Economic and Financial Crimes Commission (EFCC) and other agencies have been restrained from arresting, probing or prosecuting former special adviser to former President Goodluck Jonathan on Niger Delta Affairs, Kingsley Kuku.
Kingsley Kuku, former Special Adviser on Niger Delta Affairs to President Goodluck Jonathan.
Justice Okon Abang of the Federal High Court, Lagos, on Tuesday, April 5, ordered the parties to maintain status quo, pending the determination of Kuku’s appeal on an earlier ruling of the court, Leadership reports.
Recall that Abang had on February 17, while ruling on a fundamental right enforcement suit, filed by kuku against EFCC, declared that the anti-graft agency had the right to arrest, probe and prosecute Kuku over alleged financial impropriety during his tenure.
READ ALSO: Kingsley Kuku’s arraignment stalled
Not satisfied with the ruling, Kuku filed an appeal and a motion for stay of execution, dated February 23, before the Lagos division of the Court of Appeal seeking to overturn the verdict.
Justice Abang, who is currently sitting in Abuja division of the court, arrived in Lagos on Tuesday with the permission of the Chief Judge, to deliver his ruling on the application.
In his ruling, he held that the application before the court has nothing to do with statutory right of the respondents.
He said: “Time cannot run against the state in arresting or prosecuting the applicant if truly, he is culpable of the alleged offence. The respondents have nothing to lose if status quo is maintained. So, therefore all action concerning arrest, detention and prosecution of the applicant should hold on for now, till final determination of the appeal on the matter.”
Kuku is alleged to have been involved in corrupt practices during his tenure as a special adviser, This was after the Auditor-General of the Federation raised questions over alleged mismanagement of funds in reports of audit monitoring and evaluation of the amnesty programme.
READ ALSO: GEJ’s ex-special adviser and aides to be arraigned by EFCC
The former aide to Jonathan sued the AGF, EFCC, the Independent Corrupt Practices Commission (ICPC), the Inspector-General of Police (IGP), the DSS and the Nigeria Immigration Service, alleging of “plots by the respondents to concoct, fabricate or falsify evidence in order to provide a basis for his arrest, detention, persecution and/or prosecution for political reasons.”
He sought an order prohibiting the respondents from arresting or prosecuting him on the basis of the allegations of corruption in respect to his tenure as chairman of the Amnesty Programme between 2011 and 2015.
He said it was a breach of his right to fair hearing and freedom of movement.
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