The Economic and Financial Crimes Commission (EFCC) was on Friday stopped by a Federal High Court sitting inn Abuja from seizing at least six properties allegedly belonging to the Governor Bello Marawalle of Zamfara State.
In his ruling, the presiding judge, Justice Inyang Ekwo cited Section 308 of the 1999 Constitution which grants absolute immunity to serving governors from civil and criminal proceedings.
The antigraft agency had filed a suit with number FHC/ABJ/CS/709/22 against Matawalle over the landed properties in Abuja.
some of the Traced to the governor includes the ones located at Plot 729, Idu Industrial Layout; Plot 1327, Cadastral Zone AO5 and Plot 2934, Cadastral Zone AO6, both in Maitama.
Others are Plot 730, Cadastral Zone AO6 and Plot 28048, Cadastral Zone, both in Maitama; Plot 515, Cadastral Zone, BOO in Kukwaba.
The antigraft agency wants the properties confiscated by EFCC the Federal Government.
Justice Ekwo held that the commission lacked power to initiate any criminal proceedings against Matawalle while he’s governor.
Also, he agreed with Ahmed Raji (SAN) who appeared for him that the criminal proceedings were an abuse of the court process.
Meanwhile, Ekwo issued an interim forfeiture order against the property in a ruling on EFCC’S ex-parte application on may 26.
The was vacated by the judge based on the established ownership claim by the governor and the request for dismissal of the suit.
While vacating the interim order, the judge agreed with Raji that the agency lacked locus standi to initiate a forfeiture demand.
”From the avalanche of evidence placed before the court, there is no contest or dispute on the ownership of the properties.
“And from the position of the law, especially Section 308 of the Constitution, EFCC has no other option than to wait till the end of tenure of office of the respondent.”
Justice Ekwo dismissed the legal action in its entirety and told the EFCC to wait till Matawalle leaves office.