Sometime in May this year, the media was awash with the propaganda that the men of the Economic and Financial Crimes Commission had declared Sir. Siminalayi Fubara wanted. While the news itself is largely untrue and sinisterly fabricated to misinform the public, I thought it necessary to set the records straight by stating the available facts on the subject matter.
On the 12th of September 2018, about five months to the general elections in 2019 which Gov. Wike was seeking re-election for a second term as Governor, news broke out that the EFCC had declared four officials of the Rivers State Government wanted. Given the timing of the announcement and the prevailing realities of a tense political situation in the State and at the Federal level, it had the coloration of a political witch-hunt, a move intended to stall the re-election bid of the incumbent.
Recall that during the tenure of Dr. Peter Odili as Governor of Rivers State, the State Government had challenged the powers of the EFCC to probe activities of the State.
On February 22, 2007, the then Attorney-General and Commissioner for Justice of Rivers State Odein Ajumogobia, SAN, filed a suit challenging the powers of the EFCC to probe the affairs of the state. He had claimed that the activities of the EFCC were prejudicial to the smooth running of the government of Rivers State. The presiding judge, Justice Ibrahim Buba heeded the request and granted a perpetual injunction restraining the EFCC from probing the former governor. That injunction still holds to this day as it has never been vacated by any court of competent jurisdiction.
By virtue of the subsisting injunction, the EFCC lacked the powers to make the announcement and declaration it did on the 12th of September 2018 hence on Thursday the 4th of October 2018 a Rivers State High Court in Port Harcourt ordered the Economic and Financial Crimes Commission to pay the sum of N600m as exemplary damages to two Rivers State Government officials for declaring them wanted without justification.
The judge, Justice George Omereji, in his ruling, declared that the anti-graft agency violated the fundamental rights of the officials by investigating the Rivers State Government account. He stated that the action was in disobedience of the subsisting court order restraining the commission from investigating the state government’s account.
Also on the 25th of October 2018, a Federal High Court in Port Harcourt restrained the EFCC and the Attorney-General of the Federation from inviting and detaining officials of the Rivers State government under the disguise of investigations. The judgement was delivered by Justice Hilary Oshomah wherein the Judge declared An order of interlocutory injunction restraining 1st and 2nd Defendants/Respondents (EFCC/AGF) from inviting, or further inviting, arresting, and or detaining the contractors (engaged by the Rivers State government to carry out projects.
It is also good to note that to this day, both the State High Court Judgement on the 4th of October 2018 and the Federal High Court judgement on the 25th of October 2018 has not been appealed or vacated by any court hence they subsist strongly.
As of the moment, Sir Siminalayi Fubara has no case whatsoever with the EFCC neither has he been invited nor declared wanted by the EFCC as the one done over four years ago was done in illegality and the court had rightfully given judgement against the EFCC and asked them to pay damages to Sir. Sim Fubara to the tune of 300Million Naira.
All I have posited here are verifiable facts and the position of the law. Naturally, it would have been unimportant but given that we are going into an electoral process of campaigns with Sim Fubara being the Gubernatorial Candidate of the ruling party in the state, it has become pertinent to put the facts straight.
