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FEDERAL HIGH COURT ABUJA DID NOT DISMISSES EFCC’s N900 BILLION CHARGES AGAINST EX-GOVERNOR YARI

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The attention of Patriots for the Advancement of Peace and Social Development (PAPSD) has been drawn to the fictitious news making the rounds on social media and some online news blogs that “Court dismisses EFCC’s N900bn fraud charges against ex-Gov Yari.” This news is fake, both in the headline and in content. It is an absurd misrepresentation of what transpired in the Federal High Court Abuja, today February 4, 2021.


It has therefore become imperative for PAPSD to clarify, for the reading public what actually transpired in Court. This is to prevent the gullible and uninformed from being misled by a piece of junk journalism.
Firstly, EFCC has no pending N900 billion fraud charge against ex-Gov Yari before Justice Okon Abang of the Federal High Court, Abuja. Instead, it was Patriots for the Advancement of Peace and Social Development (PAPSD) a non-governmental organization and its Executive Director Alhaji (Dr.) Sani A. Shinkafi, who approached the Federal High Court since July 21, 2020 with an ex-parte Application for Leave to apply for an Order of Mandamus. It was a public interest suit in which the Applicants sought LEAVE to apply for an ORDER OF MANDAMUS to compel EFCC to investigate the Petitions of the Applicants against ex-Gov Yari, Top Government Functionaries, individuals and Private Companies for alleged Misappropriation of State Funds, Abuse of Office and Conversion of Public Funds and Resources belonging to Zamfara State, up to the sum of over N900billion for Personal Enrichment.


The ex-parte Application for Leave was moved before Justice Abang of the Federal High Court Abuja on December 7, 2020. It was adjourned to December 18, 2020 for ruling and subsequently to February 4, 2021. Delivering its ruling today, the Court on its own raised the issue of the Application for Mandamus being statute barred. According to the Court, the Application was filed more than 3 months from the dates of the 3 documents exhibited in the Application, i.e.: Report of Zamfara State Project Verification Committee set up by the Executive Governor of Zamfara State Hon. Bello Muhammed (Matawallen Maradun) MON, dated February 2020; Report of Zamfara State Local Government Projects Verification Committee, dated January 2020; and 2019 Transition Committee Report dated July 2019.


It must be pointed out that the 3 Government Reports listed above were not the basis of the Application for Mandamus. The foundation of the Application for Mandamus was EFCC’s failure to investigate 15 Petitions it received from Patriots for the Advancement of Peace and Social Development (PAPSD) and its Executive Director Alhaji (Dr.) Sani A. Shinkafi. The 3 Government Reports were exhibited in the Application to lend credence to the allegations contained in the uninvestigated Petitions of the Applicants to EFCC. 


Unfortunately, the Federal High Court Abuja, presided over by Justice Okon Abang, relied on the dates of these 3 Government Reports in calculating the 3 months period required to file an Application for Mandamus, under Order 34 Rule 4 of the Federal High Court Rules. The Court did not look at the dates of the Petitions of the Applicants which was the subject matter of the Mandamus. Had the Court looked at the Petitions of the Applicants, the Court would have seen that the last Petition to EFCC is dated July 8, 2020 and was received by the Commission on July 9, 2020. Two weeks later, the suit was filed on July 21, 2020.


In the same vein, had the Court given our Counsel the opportunity to address it on the issue of 3 months limitation of time it raised suo motu, the attention of the Court would have been drawn to the last Petition of the Applicants dated July 8, 2020; duly exhibited in the Application for Leave.
In an unprecedented manner, the Court dismissed the Application for Leave, stating that it was filed more than 3 months after the cause of action arose.  


In a nutshell, above is what transpired before the Federal High Court Abuja today. We have already directed our Counsel, Ifeanyi Mbaeri, Esq. to take steps immediately to appeal against this strange ruling to the Court of Appeal. The allegations in our uninvestigated Petitions to EFCC against ex-Gov Yari for unprecedented theft of public funds belonging to Zamfara State, cannot be summarily dismissed or swept away by today’s strange ruling by Honourable Justice Abang. Interestingly, recent media reports on attempt to move N300 billion in a commercial bank by Yari, has further lent credence to the monumental theft of public funds in Zamfara State under the ill-fated maladministration of Yari.

Alhaji (Dr.) Sani Abdullahi Shinfaki
Executive Director, Patriots for the Advancement of Peace and Social Development (PAPSD)

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Daily News

ZMHA AMEND LAW ON AREA DEVELOPMENT COUNCIL.

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Members of Zamfara state house of assembly has passed into law amended Bill for a Law to amend the Area Development Council Establishment Act Law No(7).

The development followed the delivery of
committee report by the house leader Faruk Musa Dosara who doubled as the Chairman of the house standing committee on local government.

With the new development, the qualifications for someone to be appointed as administrator of Area Development Council is senior living certificate .

The new law also stated that, the person to be appointed as Administrator for the Area Development Council must attain the age of (25) years.

The new amendment had also provided that, funds for the execution of development projects be credited to the account of the area development Council directly.

 

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Daily News

ZMHA SCREEN FMR. BBC STAFF, TWO OTHERS AS SPECIAL ADVISERS.

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Three additional nominees for the post of Special Advisers have been screened by the members of the state house of assembly.

The nominees are Malam Sahabi Ahmad Mada, Dr. Nura Makwashe and Malan Shehu Garba.

Until his appointment, Dr. Makwashe is an academic staff working with the Bayero University Kano and also worked with BBC London during his study days in the United Kingdom.

According to the House Spokesperson Nasiru Usman Biyabiki the screening followed an executive communication received from the office of the Secretary to the State Government.

Presenting the nominees before the members, the house leader, Hon. Faruk Musa Dosara urged his colleagues to accept the nomination and confirm the appointment of the nominees.

Speaker Nasiru Magarya confirmed the nomination of the candidates as unanimous decision of the house.

Magarya urged the nominees to bring their experience to bear and justify the confidence reposed on them in ensuring the sustainable development of the state.

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Daily News

BILL ON ZAMFARA ANTI-THURGGERY AGENCY SCALES THROUGH FIRST & SECOND READING

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A Bill for an act to establish Zamfara State Anti Thuggery Agency scales through first and second readings on the floor of the state house of assembly on Tuesday.

According to the House Spokesperson Nasiru Usman Biyabiki, the proposed executive Bill was presented on the floor of the house by the House Leader Faruk Musa Dosara.

After extensive deliberation, Biyabiki said, the Bill scales through first and second readings and later presented before the standing Committee on justice and security for further legislative consideration.

“Hon. Magarya said, if established vthe Agency will among other things complement the security agencies’ efforts in curtailing anti-thuggery activities and other social vices in the state” Biyabiki added.

Speaker Magarya called on the committee members to work hard and accomplish the assigned responsibilities within the stipulated period.

 

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