Two sons of former Enugu State Governor, Sullivan Chime, have asked
an Enugu Federal High Court to dismiss a suit filed by a former
National Auditor of the Peoples Democratic Party, Ray Nnaji, to compel
the Economic and Financial Crimes Commission to investigate their
father.
Nnaji filed the suit, which was brought pursuant to Order 34 and 56
(1) of the FHC (Civil Procedure) Rules 2009, the EFCC Act, and the
Freedom of Information Act, after what he described as the anti-graft
agency’s failure to act on a petition, in which he sought the
investigation of several allegations of official corruption against
Chime.
The ex-governor’s sons, Nnamdi Chime and Tochukwu Chime, were
listed as 4th and 5th respondents in the suit, which came up for mention
on Monday.
After the proceedings, presiding judge, Justice D. V. Agishi, fixed January 26, 2016, for hearing in the suit.
Nnamdi and Tochukwu were alleged to be beneficiaries of various
acts of official corruption allegedly perpetrated by their father during
his eight-year tenure as governor, according to the suit.
They were alleged to have been enriched by their father with several choice property in the state.
In a joint counter-affidavit, which was deposed to by one Uchenna
Agunwa, a legal practitioner in the law firm of their counsel, Anthony
Ani, SAN, Chime’s children claimed that their father did not indulge in
corrupt practices during his stay in office.
They further claimed that they did not benefit from the alleged
corrupt practices, noting that they “have recognisable means of
livelihood being businessmen engaged in diverse areas of enterprise”.
According to them, they are not dependent on their father, the former governor, for their livelihood.
Urging the court to dismiss Nnaji’s application, Chime’s sons argued that he lacked the locus standi to file the suit.
They equally argued that the EFCC’s powers to investigate any
allegation of financial crime was discretionary and not mandatory, and
as such, the anti-graft agency could not be compelled to act on Nnaji’s
petition.
They added that some respondents in the suit, including Chime’s
former Chief of Staff, Mrs Ifeoma Nwobodo; his brother, Dr. Jide Chime;
and the former Managing Director of Enugu State Housing Development
Corporation, Chief Ikeje Asogwa, who is also the current chairman of the
PDP in Enugu State, were already been investigated by the EFCC in
respect of the petition.
They therefore sought the dismissal of the application on the grounds of incompetence and lack of jurisdiction.
Justice Agishi had earlier on July 2, granted Nnaji leave to file the application before the court.