The Ebonyi State Government has accused the Economic and Financial Crimes Commission (EFCC) and management of Fidelity Bank Plc of working with some political enemies of the state government to cripple the state.
The government’s allegation was contained in a suit it filed against the EFCC and Fidelity Bank, at the Federal High Court in Abuja, challenging, among others, the decision by the bank to freeze its Joint Local Government account No: 5030027464 (held in the bank) allegedly on the directive of the EFCC.
The bank had, via a letter dated January 21 this year, notified the state that the EFCC had directed it (the bank) to place a “no debit order” on the account on the grounds that it was investigating the account over some fraud allegedly perpetrated by some officials of the state.
The state governor, Martins Elechi is currently under threat of impeachment with some 15 members of the House of Assembly moving a motion for his impeachment recently.
The suit marked: FHC/ABJ/CS/11/2015 was filed by the state’s Attorney General, Ben Igwenyi and the state’s 13 local governments. It has as defendants, the EFCC and Fidelity Bank.
Last Monday, Justice Adeniyi Ademola, upon hearing an application by the plaintiffs’ lawyer, Ahmed Raji (SAN), joined the United Bank for Africa, Zenith Bank Plc and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) as defendants in the case.
The plaintiffs are seeking an order of injunction directing the 2nd defendant (Fidelity Bank) to forthwith lift the ‘no debit order’ it placed on the account or any accounts with other banks, and an order of perpetual injunction restraining the defendants from further placing a ‘no debit order’ on their joint account with Fidelity Bank and tampering with any of their assets under any guise.
They are also seeking an order that the plaintiffs are entitled to fair and adequate compensation as general damages of N500million for the disruption of the state’s activities and the embarrassment caused to it.
The plaintiffs want the court to declare that the powers of the EFCC (exercised through Fidelity Bank) pursuant to Section 21, 24, 28, 29 of the EFCC Act on the plaintiffs’ account with Fidelity, is unlawful.
They also want the court to declare that the EFCC, in exercising its powers by directing Fidelity Bank to place a ‘no debit order’ on the plaintiffs’ joint account, without judicial intervention and recourse to the plaintiffs’ rights under Section 36(2) and (5) of the Constitution is unconstitutional.
The plaintiffs, in a supporting affidavit, stated that the basis of the attachment/freeze of the account is that an investigation is ongoing on the account, and that “the action of the defendants is politically motivated by political differences.”
They argued that EFCC’s power to attach assets or property could only be exercised against persons or body of persons corporate or unincorporate, who are under investigation and that the state government is neither body incorporate or unincorporated. They added that Ebonyi State Government is an entity that cannot be arrested.
“The act of the defendants in freezing the mentioned described account has gravely and adversely paralysed the administrative activities of the state and its local government councils.
“The administrative paralyses engendered by the defendants is dire, especially because civil servants can no longer be paid their salaries and therefore, there are not funds to run the day-to-day affairs of the 13 local governments in the state.
“The inability to pay workers has precipitated into a build-up of temper and outburst of emotions among civil servants against the government of Ebonyi State and the local government authorities.
“That the act of the defendants to place a ‘no debit order’ on the Ebonyi State Local Government Joint Account No: 5030027464 with Fidelity Bank Plc, has caused the plaintiffs immeasurable loss of goodwill, financial wreckage, business breakdow n and social opprobrium.
“That except by an immediate intervention of the court, there will be anarchy in the state an irreparable damage will be caused to administrative obligations of the government, which may result to loss of lives,” the plaintiffs said.
Source:This Day
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