The National Chairman of the All Progressives Congress (APC), Adams Oshiomhole, is challenging the competence of the suit which seeks to compel the Economic and Financial Crimes Commission (EFCC) to arrest and prosecute him over allegations of diversion of state funds to personal use.
A Federal High Court in Abuja on October 9 ordered service of court papers on the arrest.
Justice Anwuli Chikere gave the order on Tuesday in an ex parte application by an anti-corruption crusader, Bishop Osadolor Ochei. The suit has Oshiomhole and the EFCC as first and second respondents respectively.
Bishop Ochei had on October 28, 2016 petitioned the EFCC against Oshiomhole who was governor of Edo State from November 2008 to November 11, 2016.
At the hearing on Tuesday, October 23, 2018, the EFCC was absent. In a statement released on Wednesday, it claimed the absence was due to “the failure of the plaintiff to serve the Commission with processes”, adding that “this is contrary to the October 9 ruling of Justice Chikere, that the Commission be served”.
EFCC spokesman, Wilson Uwujaren said the anti-graft agency frowns at the attempt by counsel to the plaintiff, West Idahosa to mislead the court with claims that the Commission had been served.
According to him, ” had the Commission been served, it would have been in court. Ours is an agency that holds the judiciary in high esteem and we will never disregard summons by courts of competent jurisdiction. The truth is that the Commission did not receive any summons.”
He however assured that the EFCC will be represented in court once it is served with the relevant processes.
In the statement, the EFCC confirmed that November 19, 2018, has been fixed for the consideration of the preliminary objection by Oshiomhole.