Former governor of Enugu state, Sullivan Chime’s sons have asked an Enugu Federal High Court to quash a suit filed by Ray Nnaji, a former national auditor of the Peoples Democratic Party, which sought to compel the Economic and Financial Crimes Commission to investigate their father.
Nnaji had written a petition to the EFCC asking the anti-graft agency to investigate several allegations of misappropriation of state fund leveled against Chime, sons and others, The Punch reports.
The former PDP national auditor filed a suit on the Order 34 and 56 (1) of the FHC (Civil Procedure) Rules 2009, the EFCC Act, and the Freedom of Information Act which sought to compel EFCC to act on his petition against the ex-governor.
Chime’s sons, Tochukwu and Nnamdi were listed as respondents in the suit, which came up for mention on Monday, October 2.
The former governor two sons were alleged to be beneficiaries of several loots allegedly perpetrated by their father during his eight-year tenure as governor. They were also alleged to have enriched themselves which choice property in the state.
In a counter-affidavit through their lawyer, Anthony Ani (SAN), Chime’ssons said that their father never commit corrupt act during his tenure as governor.
They also stated that they did not benefit from alleged corrupt practices saying that they have recognizable means of livelihood as such will be caught in any corrupt act.
Nnamdi and Tochukwu asked the court to throw out Nnaji’s suit arguing that he (Nnaji) lacked locus standi to file such
They further argued that EFCC’s power to investigate cases of corruption is discretionary and not mandatory stating that Nnaji lacked the power to compel the anti-corruption agency to act on any petition.
Chime’s son further added that other persons joined in the suit which include, Dr. Jide Chime, Ifeoma Nwobodo, Ikeji Asogwa were already been investigated by EFCC in respect of same petition.
They told the court to dismiss the case for lack of jurisdiction and incompetence. The judge, Justice D.V. Agishi has fixed January 26, 2016 for further hearing after initial hearing into the suit.
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