Andrew Yakubu: ‎EFCC challenges court’s jurisdiction

The Economic and Financial Crimes Commission on Thursday challenged the fundamental human rights enforcement suit filed by the former Group Managing Director of the Nigerian National Petroleum Corporation, Andrew Yakubu.
Yakubu had approached a Federal High Court sitting in Abuja to challenge his continuous detention by the EFCC for about a month now.
During Thursday’s proceedings before Justice Ahmed Mohammed, the counsel to the EFCC, Johnson Ojogbane, said the Federal High Court in Abuja lacks the jurisdiction to hear and determine the suit on the ground that the alleged breach of fundamental rights of the applicant happened in Kano State.
Ojogbane, in a preliminary objection to the applicant’s originating summons, said the Federal High Court in Abuja lacks the territorial jurisdiction to hear the suit filed by the former NNPC boss and urged the court to dis-countenance the suit.
According to Ojogbane: “The Applicant’s said the action took place in Kano State, outside the jurisdiction of this court. And the proper place to institute fundamental rights action is the place where the alleged breached was said to have taken place, which is Kano State.”
He said all the facts relevant to the former NNPC GMD took place in Kano State, which is outside the jurisdiction of the Federal High Court in Abuja.
Earlier, Ahmed Raji (SAN), counsel to the applicant, said his client has being in custody of the EFCC since February 8, 2017.
Raji asked the court to take into cognisance that Yakubu was abroad receiving treatment when he was invited home by the EFCC for questioning and has been detained ever since.
According to the senior counsel, the reason the EFCC gave for still holding his client in its custody is that investigation into the allegations against him is still on.
Raji said the remand order, which the EFCC tendered in court as exhibit, was obtained in violation of the constitution.
He said: “It is my submission that investigation does not warrant detention.
“I urge the court to discountenance the exhibits and strike out the preliminary objection raised by the EFCC.”
The court adjourned the matter to March 14, 2017 for continuation of hearing.