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Pension scam: Ex-Director asks court to declare EFCC Act unconstitutional

Embattled 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 sitting in Abuja to determine the constitutionality of the Economic and Financial Crimes Commission,EFCC amongst other reliefs.

The former pension boss who is facing a 22 count charge alongside 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.

Teidi in this separate suit 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 Teidi , Mr. Onoja in his argument on the Originating summons noted amongst its ten reliefs being sort that the purpose of the matter was to declare the EFCC Act unconstitutional.

“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”, he said

In a swift reaction to the arguments, counsel to EFCC, Godwin Obla (SAN) 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.

According to Obla, “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 11thof July 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 further adjourned the matter to 18thof July for judgment.

AmarSim Associations Development Consultants

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