The Federal High Court sitting in Abuja has ordered the Economic and Financial Crimes Commission (EFCC) to “maintain the status quo” regarding its probe into the alleged embezzlement of Ekiti State funds earmarked for the Ekiti Airport project, among others, under the watch of the state’s former Director General of the Bureau of Public Procurement, O’seun Odewale.
Justice Emeka Nwite issued the order on Friday, September 13, 2024, in a motion ex parte filed by Odewale and Ariyo Oyinkolawa Adesola against the EFCC in suit number FHC/ABJ/CS/1340/2024.
To maintain the status quo simply means that parties should keep things the way they presently are.
Applicant’s Motion
According to Odewale’s affidavit in support of the motion ex parte dated September 10, 2024, he told the court that EFCC operatives who had previously detained him are allegedly forcing him to admit to committing offenses and embezzling Ekiti State Government funds in his capacity as Director General of the Bureau of Public Procurement, which he declined.
He disclosed that all the questions posed to him by the EFCC “were related to the awards of contracts by the Ekiti State Government, with an emphasis on the airport project initiated by the Dr. Kayode Fayemi-led administration, which had reached an advanced stage and was inaugurated,” adding that the operatives also probed other minor contracts awarded by Ekiti State Government under his watch.
The applicant’s lawyer, Chief R.O. Balogun, SAN, argued that his clients were detained by the EFCC for more than the period required by the relevant provisions of the Constitution of the Federal Republic.
He further argued that while the EFCC is using the investigation of Ekiti State Government finances as the basis for interrogating his clients, the propriety of the EFCC’s investigation regarding contracts awarded or executed by the Government of Ekiti State is the subject of an appeal pending before the Court of Appeal Ado-Ekiti.
He added there is also a pending motion for a stay of execution and an injunction pending appeal.
According to him, the pending case challenges the EFCC’s power to investigate or make inquiries into the contracts awarded or projects executed with monies appropriated by the Ekiti State House of Assembly.
The senior lawyer urged the court to restrain the EFCC operatives from further inviting or harassing his clients amid the pending cases, as they could suffer “irreparable damage or grievous hardship” if the ex parte motion is not granted.
What Transpired in Court
At the resumed sitting on Friday, Balogun asked the judge to grant the ex parte motion, stating that EFCC operatives are still threatening his client over the Ekiti State Government projects probe despite the pending court cases.
In a brief ruling, Justice Nwite held that the interest of justice would be served by “ordering that the status quo be maintained pending the hearing of the application.”
The judge subsequently ordered that the status quo be maintained and adjourned the case to September 26, 2024.
What You Should Know
An ex parte motion is an application filed in court without notifying the other party in advance.
From the facts of the case, there is apparently a criminal investigation by government agencies into contract awards in Ekiti State.
The Ekiti State Airport in dispute, was inaugurated for public use shortly after the first aircraft landed at the facility on October 15, 2022.
The project was said to have been awarded to China Civil Engineering Construction Corporation (CCECC).
However, a group doubts the transparency of the project and has called on the state government to release the financial records and loans related to the Ekiti International Cargo Airport project.
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