By Ameh Ejekwonyilo
Abuja
A former Director of Pension Accounts in the Office of the Head of Civil Service of the Federation, Dr. Sani Teidi, yesterday asked the Federal High Court in Abuja to determine the constitutionality of the Economic and Financial Crimes Commission (EFCC) amongst other reliefs.
Teidi, who is facing a 22-count charge alongside a former manager of the defunct Oceanic Bank Plc, Mr. Udusegbe Omoefe Eric, for allegedly diverting about N5billion for private use before Justice Adeniyi Ademola of the Federal High Court is seeking an order to halt his criminal trial by the EFCC.
He is asking the court to declare that the Act which established the EFCC was in conflict with the provisions of Section 214 of the constitution which made the Act null and void.
Counsel to the plaintiff, in his argument on the originating summons, said amongst its ten reliefs being sought that the purpose of the matter was to declare the EFCC Act unconstitutional.
He said: “Having regards to the constitution establishing the Nigerian Police, our view is that the EFCC is a police organisation carrying out all the functions of the police; investigation, and apprehension of criminals.”
In a swift reaction to the arguments of the plaintiff, counsel to EFCC, Godwin Obla, stated that the constitutionality of the EFCC Act which was passed by the National Assembly in 2004 is an exercise of their constitutional powers to make laws.
Obla said: “EFCC is exercising police powers but not the police; it is not clear what the plaintiff wants but what is clear is that this procedure is a complete abuse of the court process.”
Obla argued that on the order seeking for the return of the seized assets, particularly in the order of Exhibit B of Bello J. made on the July 11, 2011, the plaintiff has neither applied nor appealed against it, neither has he ever owned up to the ownership of any of the properties.
The trial judge adjourned the matter to July 18, for judgement.