8th April, 2011
The former governor of Edo State, South-South Nigeria, Mr. Lucky Igbinedion this morning lost in his bid to vacate an interim order resulting in the seizure of some of his assets as a Federal High Court sitting in Lagos dismissed his application.
Justice Mohammed Idris, in his ruling this morning, dismissed Igbinedionâ€™s application because it lacks merit.
In the application filed before the court, the former Edo State governor was contending that he was not given fair hearing as the order attaching his property was obtained ex-parte.
However, the court ruled that it has the power to grant an order for interim attachment pending the determination of a charge against an accused person. And this does not amount to denial of fair hearing.
Justice Idris further said that sections 28 and 29 of the EFCC Act was not unconstitutional as the anti-graft agency has the power to attach any property suspected to have been acquired proceed of crime. Thereafter, EFCC can apply to court based on sections 28 and 29 of the EFCC Act. This does not, in any way, contradict constitutional provision that empowers citizens or individuals to own properties.
The court further said it has jurisdiction to hear the matter contrary to the argument of the applicant that the court lacks jurisdiction, since the criminal charges is pending at a Federal High Court, Benin City, but the order for the attachment of his property was obtained at a Federal High Court in Lagos.