The National Chairman of All Progressives Congress (APC), Comrade Adams Oshiomhole, Wednesday asked the Federal High Court, Abuja to dismiss the suit seeking to compel the Economic and Financial Crimes Commission (EFCC) to commence criminal investigation against him.
Oshiomhole in a preliminary objection to the suit filed by Edo based cleric and activist, Bishop Osadolor Ochei, said the plaintiff lacked the locus standi to institute the action.
While arguing on the preliminary objection on behalf of the former governor by Terhemba Gbashima, Oshiomhole told the court that the suit filed by the plaintiff is status-barred, saying it was filed 18 months after the cause of action.
According to him, the plaintiff, whom he described as ‘meddlesome interloper’ ought to have filed the suit three months after the cause of action.
Gbashima, who prayed the court to dismiss the suit or in an alternative, strike it out, also submitted that Bishop Osadolor has not shown how the alleged cause of action has affected him more than other indigenes of Edo state and asked the court to dismiss the suit for being incompetent.
In her response, counsel to the plaintiff, Uju Chukwurah, asked the trial judge, Justice Anwuli Chikere, to discountenance the preliminary objection of Oshiomhole, who is the second respondent in the suit.
She said, the EFCC, which was represented in court by Best Ojukwu, is empowered to investigate financial crimes against anybody and as such, it is under a statutory duty to examine the petition brought before it by the petitioner.
She asked the court to ignore the preliminary objections of the EFCC and Oshiomhole, who is now the National Chairman of the All Progressive Congress (APC).
Chukwurah said there is continuous damage, since the subject matter of the plaintiff’s petition has not been addressed, adding that, until the petition is death with, the plaintiff’s matter cannot be said to be statute-barred.
She said the plaintiff, being an indigene of Edo state, has the legal right to file the suit.
After hearing the submissions of parties in the matter, the court then adjourned till May 13, 2019, for ruling on the preliminary objections.
The plaintiff had dragged EFCC and Oshiomhole to court, praying the court to order the EFCC to investigate different petitions that contained allegations of financial recklessness against Oshiomhole.
