The Independent Corrupt Practices and Other Related Offences Commission (ICPC) as well as the Economic and Financial Crimes Commission (EFCC) have asked Justice James Omotosho of the Federal High Court Abuja to dismiss a suit by Festus Keyamo, seeking the probe and prosecution of former Vice-President Atiku Abubakar.
Keyamo, a serving Minister of State for Labour and ex-spokesperson for the All Progressives Congress Presidential Campaign had asked law enforcement agencies to arrest Atiku based on an audio recording released by his former aide, Michael Achimugu.
In the audio, Atiku was alleged to have explained how some organisations were set up to divert public funds.
Keyamo, in a letter addressed to the EFCC, ICPC, and the Code of Conduct Bureau (CCB), gave the agencies 72 hours to begin the prosecution of Abubakar.
He also filed a suit asking the court for an order compelling Atiku, the presidential candidate of the Peoples Democratic Party (PDP) to submit himself to the security agencies for thorough investigation.
At the resumed hearing, counsel for the anti-graft agencies faulted the competence of the suit and prayed the court for its dismissal.
They argued that Keyamo did not comply with the requirements of the law in filing the suit as he ought to have first obtained the leave of the court in seeking to compel an agency of the government to act and did not approach the agencies properly.
Atiku’s counsel, Benson Igbanoi, also faulted the competence of the suit and accused Keyamo of engaging in abuse of office.
He asked the court to decline jurisdiction among other grounds, that no cause of action was disclosed by the plaintiff.
Counsel for Keyamo prayed the court to dismiss the objections raised by the defendants and proceed to hear the case on merit.
After taking arguments from all the parties, Justice James Omotosho adjourned the case to June 5 for ruling on the preliminary objections.