On Monday, Justice James Omotosho of the Federal High Court in Abuja dismissed the suit filed by Festus Keyamo (SAN), former Minister of State for Labour and Productivity.
Mr Keyamo filed the suit in January in his capacity as then a spokesperson for the Presidential Campaign Council of the ruling All Progressives Congress (APC),
In the suit, Keyamo is demanding the arrest and prosecution of Atiku Abubakar, the presidential candidate of the PDP.
However, Justice Omotosho who described the suit as frivolous and vexatious, dismissed it on the ground that Keyamo lacked the legal right to institute the suit.
Background
Keyamo in a letter to the CCB, ICPC, and EFCC had given them a 72 hour ultimatum to arrest, investigate and prosecute Atiku.
When the 72 hours elapsed, he approached the court suing Atiku, CCB, ICPC and EFCC seeking an order compelling the Code Of Conduct Bureau (CCB), the Economic and Financial Crimes Commission (EFCC) and ICPC to invite or arrest Atiku.
He prayed the court to order the agencies to investigate and prosecute Atiku based on the claims contained in an affidavit deposed to by one Michael Achimugu, alleging that Atiku used a Special Purpose Vehicle (SPV) to corruptly enrich himself while he was Vice President of Nigeria.
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Atiku’s counsel, Mike Ozekhome (SAN) filed a notice of preliminary objection. He argued that Keyamo lacked the basis to institute the suit, having failed to disclose what he suffered over and beyond other members of the public.
Ozekhome said Keyamo did not disclose any wrong done to him by Atiku or what damage he had suffered to necessitate filling the suit.
Atiku’s legal team argued that the suit constituted a gross abuse of office as Keyamo being a public officer occupying a public office and using public funds to file and prosecute the same.
They said the suit was instituted in bad faith; frivolous; vexatious and therefore a waste of judicial time.
Consequently, they asked the court to dismiss the suit.
Court’s decision
Delivering judgement, Justice Omotosho awarded a N10 million fine against Keyamo.
The Judge ordered him to pay N5 million each to Atiku and the Independent Corrupt Practices and other related offences Commission (ICPC).
The judge aligned with the argument of Atiku’s counsel that Keyamo lacked the ‘locus standi’ to institute the suit.
He said Keyamo lacked the legal right because he failed to establish any special interest over and beyond other members of the public, or show any damage suffered by him.
The judge held that Keyamo’s action in rushing to file the suit was a move done in bad faith.adding that public institutions must be regarded and protected.
The judge commended the EFCC and ICPC for not allowing themselves to take orders from Keyamo as they were not his errand boys.
Keyamo’s reaction
Reacting to the decision of the court, Festus Keyamo in a statement on Monday vowed to go on appeal.
In the statement signed by the assistant head of the law firm, John Ainetor,He noted that they are immediately filling an appeal against the decision of the court.
Parts of the statement reads “Earlier today (Monday), a Federal High Court in Abuja dismissed the case filed by Festus Keyamo, SAN, CON, against the candidate of the PDP in the last Presidential Election, Alhaji ATIKU Abubakar over the SPV saga principally because the court was of the opinion that the law-enforcement agencies were not given enough time to commence investigations before the suit was filed, amongst other sundry reasons.
“Our client respectfully disagrees with the reasons for the said decision because the law-enforcement agencies did not indicate their willingness to commence investigations, even if they were given more time.
“We want to establish a legal principle that the society cannot wait as infinitum for law-enforcement agencies to do their statutory duties. The suit was designed to prompt the agencies to show their READINESS to investigate,”
