Pension Funds: Court stops EFCC from declaring Maina wanted
The EFCC had declared him wanted after news broke out in 2017 that
Maina who had been dismissed from the federal civil service in 2013 on
the basis of the corruption charges levelled against him had been
reinstated.
But in her judgement delivered on January 31, 2019, Justice Folasade Giwa-Ogunbanjo, held that the EFCC erred by declaring Maina wanted without first obtaining a court order.
Delivering judgement in the suit filed by Maina on September 5, 2018, Justice Giwa Ogunbajo ruled that the EFCC could not exercise its powers under sections 1(2)(c), 6, 7, 13 of the EFCC Act without recourse to court.
A certified true copy of her judgement read in part, “The plaintiff’s second prayer is a declaration that without recourse to any safeguard in sections 35, 37, 41 and 42 of the 1999 Constitution (as amended), including a judicial intervention, order of court pursuant to sections 1(1), 8(1) and 42(2) of the Administration of Criminal Justice Act 2015, the 1stdefendant cannot lawfully exercise its discretion, powers and or functions under sections 1(2)(C), 6, 7, 13 of the Economic and Financial Crimes Act, 2004, ditto section 4 of the Police Act, 2004 within the confines of the law.”
But in her judgement delivered on January 31, 2019, Justice Folasade Giwa-Ogunbanjo, held that the EFCC erred by declaring Maina wanted without first obtaining a court order.
Delivering judgement in the suit filed by Maina on September 5, 2018, Justice Giwa Ogunbajo ruled that the EFCC could not exercise its powers under sections 1(2)(c), 6, 7, 13 of the EFCC Act without recourse to court.
A certified true copy of her judgement read in part, “The plaintiff’s second prayer is a declaration that without recourse to any safeguard in sections 35, 37, 41 and 42 of the 1999 Constitution (as amended), including a judicial intervention, order of court pursuant to sections 1(1), 8(1) and 42(2) of the Administration of Criminal Justice Act 2015, the 1stdefendant cannot lawfully exercise its discretion, powers and or functions under sections 1(2)(C), 6, 7, 13 of the Economic and Financial Crimes Act, 2004, ditto section 4 of the Police Act, 2004 within the confines of the law.”
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