Justice Binta Nyako of the Federal High Court in Abuja has dismissed a suit brought by the Independent Corrupt Practices and Other Related Offences Commission, ICPC, against N941, 994, 079 for reasons of forfeiture of the money to the federal government.
The angry Judge threw away the suit marked FHC/ABJ/CS/156/2026 in FRN Vs N941, 994, 079 on ground of being grossly incompetent and non justiceable.
ICPC had through its counsel, Mr Hamza Sani sought to move an ex-parte application praying for forfeiture of the huge sum to the federal government, having been allegedly found to be proceed of unlawful transaction in a bank account.
As the case was called and ICPC through its lawyer announced appearance as the applicant on behalf of the federal government, Justice Nyako who was piqued by the development challenged the lawyer on the competence of the suit.
As the ICPC counsel was struggling to get an answer, the Judge further challenged him to explain to the court whether the suit against an ordinary money was justiceable.
In the drama that ensued, the Judge ordered the lawyer to go to ICPC’s counterpart, the Economic and Financial Crimes Commission, EFCC, to learn how to couch forfeiture suit before a court of record.
While faulting ICPC’s adopted procedures in the incompetent ways and manners the instant suit was couched, the Judge lectured the lawyer that such ex-parte application must be against a justiceable person.
“Counsel let ICPC borrow a leave from EFCC. Let your organization know that this kind of suit must be filed in the name of its Chairman.
“Secondly, let your organization learn that the name of the person in whose bank account, the alleged illicit fund was found must accompany the money in the motion.
“Go back and put your house in order. I cannot make an order against a non justiceable person as in this your incompetent motion.
“This kind of suit must be filed in the name of ICPC Chairman. The name of the person in whose bank account the money was found must also be reflected, it must be put in the motion before it can become competent in law.
“I don’t engage in academic or futile exercise. Court orders are not made in vain. They are made against justiceable persons so that they can be enforced.
Justice Nyako blocked arguing the application until the ICPC files a competent one known to law and its procedures.
Court dismisses ICPC’s suit against N941. 9m for being unjusticeable, incompetent
