Justice Okon Abang of the Federal High Court Lagos on Wednesday dismissed a fundamental rights enforcement suit filed by a former Minister of Aviation-turned Senator, Stella Oduah, against the Attorney General of the Federation, AGF, and three others.
The three other respondents in the suit include: the Economic and Financial Crimes Commission, EFCC, the Independent Corrupt Practices and other related offences Commission, ICPC, and the Inspector-General of Police, IGP.
The court, which dismissed Oduah’s suit for want of jurisdiction, ordered her to pay the sum of N15,000 to the AGF as cost of action.
In August last year, Oduah had filed the suit praying the court to restrain agencies of the Federal Government from questioning or prosecuting her over the purchase of two armoured BMW vehicles at a cost of N255m by the Nigerian Civil Aviation Authority, NCAA, under her watch as the Minister of Aviation in 2013.
Claiming that she has already been probed and exonerated by the House of Representatives Committee on Aviation as well as the EFCC, Oduah prayed Justice Abang to declare that any further probe would amount to violating her fundamental rights.
She alleged that the ruling All Progressives Congress, APC, is out to use the respondents to persecute her, being a prominent member of the opposition Peoples Democratic Party.
The former Minister further alleged that the Federal Government had perfected plans to try prominent members of the PDP on trump up charges in a special Lagos State High Court, so as to turn the country into a one-party state.
She consequently begged the court to restrain the respondents from unleashing repression against her.
But the EFCC denied doing the bidding of the APC, claiming that it was independent and furnished the court with a petition dated October 18, 2013 written by a lawyer from the chambers of Mr. Femi Falana SAN, calling for Oduah’s investigation.
The anti-graft agency disclosed that the said petition was captioned, ‘Request for Investigation of Economic and Financial Crimes of the sum of N255m by Aviation Minister, Ms. Stella Oduah’.
The EFCC then urged the court to dismiss Oduah’s suit.
While delivering judgment on the matter, the trial judge dismissed EFCC’s objection for not complying with Order 8 Rule 1 of the Fundamental Rights Enforcement Procedure.
“The EFCC did not file any opposition in line with the law,” Justice Abang ruled, even as he upheld the preliminary objection filed by the AGF, who challenged the jurisdiction of the Federal High Court in Lagos to entertain Oduah’s suit.
Counsel for the Attorney-General, T.A. Gazali had contended that since the rights violation that Oduah alleged did not happen in Lagos, it would be a violation of Section 46(1) of the constitution and Order 2 Rule 1 of the Fundamental Rights Enforcement Procedure to entertain the case in Lagos.
“From the whole of the applicant’s averments, there is nowhere she mentioned that her right was or is being breached by the respondents within the territorial space called Lagos.
“There is nothing to show that the applicant was invited, arrested or detained in Lagos by any of the respondents in the suit.
“The Federal High Court sitting in Lagos cannot assume jurisdiction to entertain alleged breach of fundamental rights that did not take place in Lagos State,” Gazali had argued.
Justice Abang upheld Gazali’s argument and dismissed Oduah’s case.