A Federal High Court in Abuja has set aside its order directing the Economic and Financial Crimes Commission (EFCC) to arrest Deputy Speaker of Imo, Amarachi Iwuanyawu, over his alleged complicity in alleged N785 million fraud.
Justice Inyang Ekwo, in a ruling on Thursday held that the EFCC deliberately suppressed and concealed facts about the matter in order to surreptitiously obtain the Nov. 25, 2022 order for arrest warrant against Iwuanyawu.
Justice Ekwo said he found that the anti-graft agency failed to disclose in its affidavit in support of the motion ex-parte filed to obtain the order that there was a pending suit at FCT High Court between Iwuanyawu and the person who petitioned the commission.
The judge said “The facts in the ex-parte motion are the same with the facts in the suit number: CV/356/2021 between Hakiz Investment Ltd V. Sun Gold Estate Ltd and two others now pending before the High Court of FCT in Exhibits B and C,”
The judge noted that good faith is foundational in every application brought for any order ex parte.
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“Going by the facts of this case, it has not been brought in good faith.
“The evidence before me shows that the applicant/respondent (EFCC) was being teleguided by the writer of the petition upon which the applicant/respondent purports to be acting on,”
The commission’s involvement was deemed unnecessary by Justice Ekwo, who ordered the dismissal of the ex-parte order.
He said EFCC should not allow itself to be used to interfere with judicial integrity and that the Imo deputy speaker had been able to establish that there was non-disclosure of material facts in the application.
Consequently, he said “The order is liable to be set aside on this ground. “
He made an order discharging and vacating the ex-parte order of warrant of arrest issued for the arrest of Iwuanyawu by EFCC, Nigeria police, Department of State Security Services (DSS), the Nigerian Immigration Services and the Interpol.
He also made an order restraining the EFCC from arresting or detaining him in respect of a purely civil, commercial and contractual matter pending before another court of coordinate jurisdiction.
The judge ordered Mr Iwuanyawu to be apprehended and detained until February 23, 2023, when he is expected to appear in court.
