The Federal High Court, sitting in Abuja on Friday, dismissed a suit filed by Common Input Properties Investment Limited owned by ex-Chairman of Pension Reform Task Team, Abdulrasheed Abdullahi Maina against the Economic and Financial Crimes Commission, EFCC.
Maina, alongside his company, is being prosecuted for alleged fraud of N2billion. EFCC had marked and sealed the company in the course of investigation.
The company then approached the court, seeking the leave of the court to restrain the EFCC, its officers, and other security agencies from the property.
The defendant in the originating summon further applied for a perpetual injunction concerning the matter and demanded the sum of N100 million as damages from EFCC.
The prosecution counsel, M.S Abubakar, had argued that the EFCC is mandated by the Establishment Act 2004, as amended and Section 4, of the Police Act of 2004 in exercising its special powers.
However, in delivering the judgement, Justice Okon Abang, described the suit as abuse of court processes.
Abang stated that approaching his court to adjudicate over the matter when a High Court order was pending is an act to circumvent the order of another court.
He, thereafter, considered the strategy as, “improper use of judicial process calculated to undermine existing order of the court”.
“The act is unlawful, abuse of court process and it lacks merit.
The judge dismissed the suit and awarded a fine of N50,000 to EFCC.