THE EFCC HAS NO BUSINESS INTERROGATING CHIDI LLOYD UNTIL THE ODILI JUDGEMENT IS SET ASIDE Declaratory orders i. I declare that the 1st Defendant is not entitled to share in the powers, or to participate in the exercise of the powers or to prompt or instigate the 2nd and 3rd defendants in the exercise of the powers of control of public funds vested in the House of Assembly for Rivers State by the Constitution of the Federal Republic of Nigeria 1999 including the power to direct or cause to be directed any inquiry or investigation or to investigate into the disbursing or administering of monies appropriated or to be appropriated by the Rivers State House of Assembly for any purpose including for the purpose of exposing corruption, inefficiency or waste. ii. I declare that the purported investigation or inquiry carried out by the 1st Defendant into the disbursing, administering, or management of funds appropriated or to be appropriated by the Rivers State House of Assembly is unconstitutional, ultra vires the powers of the 1st Defendant and accordingly null and void. iii. I declare that the defendants are not entitled to rely on, utilize or in any manner whatsoever put to any use any report, findings or conclusion produced or arrived at by the 1st Defendant as a result of the purported investigations or inquiry into the appropriation disbursing, administering or management of funds of Rivers State. iv. I declare that under the Constitution of the Federal Republic of Nigeria 1999, the 1st defendant is not entitled to share in the power of the House of Assembly for Rivers State, vested on it by virtue of section 188 of the Constitution of the Federal Republic of Nigeria 1999 and accordingly is not entitled to coerce, induce, intimidate or in any manner whatsoever influence the House of Assembly for Rivers State into removing or causing to be removed, or into taking any steps whatsoever towards removing the Governor of Rivers State or the Deputy Governor of Rivers State from office. I equally grant the following injunctive reliefs sought to wit: v. an order of injunction restraining the 1st Defendant by itself or by its servants or agents or in any manner howsoever from purporting to investigate or inquire into the appropriation, disbursing, administering, or management of the funds of Rivers State is hereby made. vi. An order of injunction restraining the 1st defendant by itself or by its servants or agents or in any manner howsoever from disseminating, publishing or circulating to any government, government agency, the news media, or members of the public or in any manner at all, the purported findings in respect of any investigation or inquiry into the appropriation, disbursing, administering or management of the funds of Rivers State or putting the said report or finding to any use whatsoever is hereby made. vii. An order of injunction restraining the 2nd to 4th defendants by themselves or by their servants, agents or privies from receiving or putting to any use whatsoever any report or finding arising from or purporting to be the result of any inquiry or investigation conducted by the 1st defendant into the appropriation, disbursing, administering or management of the funds of Rivers State is also hereby made. viii. I equally grant an order of injunction restraining the 1st defendant by itself or by its servants or agents from inducing, coercing or in any manner whatsoever influencing the 2nd and 3rd defendants or any member of the House of Assembly for Rivers State, to commence proceedings for the removal or to remove the Governor or Deputy Governor of Rivers State from office. Before I am done, I must commend all counsel in this matter for making this matter to be heard expeditiously, and a word for the operators of our Federal system. This case reminds me of what I read on separation of powers: – the small depiction in the Bible. That there are 66 books in the Bible and 66 Chapters in Isaiah’ They are clearly divided into sections. Chapters 1-39 (There are 39 books in the Old Testament, and chapters 40 – 66 (There are 27 books in the New Testament). The theme also corresponds with the the 1st set of chapters addressing law and government of God and the second group covering grace and salvation of God. I am done. So be it. HON JUSTICE I. N. BUBA JUDGE punchng/news/efcc-storms-rivers-quizzes-lloyd/
Posted on: Tue, 06 Aug 2013 03:14:11 +0000