Justice Ahmed Mohammed of the Federal High Court in Abuja has scheduled August 30, 2023, as the date for delivering a verdict on the case filed by Bello Matawalle, the former Governor of Zamfara State. Matawalle is seeking to halt an ongoing investigation against him. The case, identified as FHC/ABJ/CS/753/2023, involves several defendants including the State Security Service, Nigeria Police Force, Independent Corrupt Practices and Other Related Offences Commission (ICPC), Economic and Financial Crimes Commission (EFCC), Nigerian Immigration Services, and the Attorney General of the Federation.
Matawalle, who was appointed as a minister by President Bola Tinubu, is asking the court for a declaration concerning judgments made by Justice Aminu Aliyu on May 31, 2023, in Suit No: FHC/GS/CS/30/2021. The judgments concern the authority of the EFCC, the fourth defendant, to conduct investigations, inquiries, or charge him, his family, associates, and contractors related to Zamfara State Government funds.
Referring to sections 4, 6, and 7 of the Zamfara State Anti-Corruption Law No. 12, 2021, Matawalle is also requesting the court to declare that only the Zamfara State Anti-Corruption Commission has the power to investigate allegations of corrupt practices or financial crimes against him during his tenure as the Governor of Zamfara State.
In an affidavit supporting the case, Matawalle's legal representative, Kehinde Akinlolu (SAN), argued that the allegations against his client by the defendants, especially the EFCC, are baseless and fabricated. He stated that all contracts awarded during Matawalle's governorship followed legal procedures and were properly documented.
Akinlolu further contended that if not restrained, the defendants could apprehend, detain, and prosecute Matawalle, violating both the Zamfara State Anti-Corruption Law and his constitutional right to a fair hearing.
During the proceedings, O.A Aderohumu, counsel for the first defendant, requested the removal of the State Security Service's name from the case. M.K Hussein, representing the fourth defendant, urged the court to dismiss the suit on grounds of being unconstitutional and lacking merit.
Notably, legal representatives for the third and sixth defendants were absent during the proceedings. The counsel for the fifth defendant, M. B Kannap, argued that the Nigerian Immigration Services had the authority under section 31 of the Immigration Act 2015 to prevent individuals from leaving the country if they had not complied with court orders or were subject to an arrest warrant.
Justice Ahmed Mohammed, the presiding judge, has reserved the judgment on the case until August 30, 2023.
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