Court okays suit seeking Buhari’s Minister, Kachikwu’s suspension, probe

The Federal High Court in Abuja has giving a go ahead to a suit
seeking the suspension and probe of Minister of State on Petroleum,
Dr. Ibe Kachikwu.

A civil society group, Kingdom Rights Foundation International, had
filed a suit on allegations of money laundering, operation of a
foreign bank account, corruption and assets declaration irregularities
against the Minister.

The enrolled order of the court bearing the stamp of the Federal High
Court and the signature of the registrar with October 15, 2018 date,
showed that Justice Folashade Ogunbanjo made the order on October 10.

The plaintiff, KHRFI, through its ex parte application filed on August
23, 2018, had sought the court's leave to commence a suit seeking
Kachikwu's probe for the various allegations.

Also dragged alongside the Ministry were the Code of Conduct Bureau,
the Economic and Financial Crimes Commission, EFCC, President
Muhammadu Buhari, and the Attorney General of the Federation, Mr
Abubakar Malami (SAN).

The plaintiff prayed the court, in the substantive suit, to conduct a
judicial review of the administrative action/inaction of the
defendants to perform their constitutional and statutory mandates and
obligations in connection with the investigation and prosecution of
Kachikwu.

Lawyer to the plaintiff, Okere Nnamdi, moved the ex parte application
seeking leave to commence the suit on October 10.

Granting the request in her ruling, Justice Ogunbanjo held, "Leave is
granted to the plaintiff/applicant to commence action for judicial
review of administrative action/inaction to perform their
constitutional and statutory mandate and obligation under section
174(1), (2), and (3) of the 1999 Constitution, sections 3 and 24 (2)
of the Code of Conduct Bureau and Tribunal Act, CAP C15, Laws of the
Federation 2004, and in section 5(1) of the EFCC Act, to investigate
and prosecute Dr Ibe Emmanuel Kachikwu, on allegations of money
laundering, operation of foreign bank account while occupying a public
office, corruption, false declaration of assets, perjury and abuse of
office, contrary to the Code of Conduct for Public Officers provided
under paragraphs 1, 2 and 11(1) and (2) of the Fifth Schedule, Part I
of the 1999 Constitution of the Federal Republic of Nigeria (as
amended)."

The judge also made an order deeming the plaintiff's originating
summons (the main suit) filed alongside the ex parte as "properly
filed under Order 34 Rule 5(1) of the rules of the court."

But the judge declined to grant the applicant's request that Kachikwu
should be served with the court papers through "the most senior staff
member in the registry on any staff member of the ministry."

Rather, the court ruled that "the first defendant (Kachikwu) is to be
served personally."

The judge then fixed October 24 for a report of service.