Court restates order for restraint in Yari’s suit against AGF, EFCC

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A Federal High Court in Abuja has restated its directive that parties in the suit by former Zamfara State Governor, Abdulaziz Yari, exercise restraint and await its decision.

In the fundamental rights enforcement suit, Yari is challenging the propriety of an alleged plot by the Attorney General of the Federation, AGF, and the Economic and Financial Crimes Commission, EFCC, to seize his assets and freeze his accounts.

Yari accused the respondents – the AGF and EFCC – of seeking to deploy Executive Order Number 6 in the plot to confiscate his property and freeze his accounts.

The former governor prayed the court to restrain them on the ground that their planned action would breach his rights to own property.

On August 30, when the matter came up, Justice Evelyn Maha directed parties to exercise restraint and refrain from taking steps that could impede the administration of justice, as it relates to the instant suit. The judge’s directive was informed by the fear expressed by Yari’s lawyer, Mahmud Magaji (SAN), that the respondents could still invite, arrest or detain his client, despite the pendency of his suit.

At the resumed hearing on Thursday, EFCC’s lawyer, Mrs. Hussaina Gambo, told the court that her team was just filing a response to the ex-governor’s substantive suit.

Mrs. Gambo prayed the court for more time to enable the parties return for the hearing of the substantive suit.

Justice Maha accepted the prayer, despite Magaji’s reluctance to agree. Following Magaji’s complaint that his client was living under constant fear that the respondents could come after him, Justice Maha restated her earlier directive.

The judge averred that since parties were currently before the court, had joined issues on the matter and submitted to the court’s jurisdiction, they should refrain from taking any step in relation to the issues in dispute. She adjourned till September 30 for hearing of the substantive suit. Justice Maha said the fiat issued by the court’s Chief Judge, which permitted her to sit as the vacation judge, will expire on September 13.

According to the judge, she will return the case file to the court’s Registry for re-assignment at the resumption of the court from its annual vacation, which ends on September 13.