Alex Enumah in Abuja
The National Chairman of the All Progressives Congress (APC), Adams Oshiomhole, has asked the Federal High Court, Abuja, to dismiss a suit seeking to compel the Economic and Financial Crimes Commission (EFCC) to investigate and prosecute him over corruption allegations.
An Edo-based human rights activist, Bishop Osadolor Ochei, had approached the Federal High Court, Abuja, for an order compelling the EFCC to investigate and prosecute Oshiomhole for allegedly siphoning funds belonging to Edo State when he held sway as governor of the state.
But Oshiomole, in a notice of preliminary objection to the suit yesterday, asked the court to dismiss the suit for lacking in merit and for also being status barred.
The former governor in his notice of preliminary objection filed by his lawyer, Damian Dodo, a Senior Advocate of Nigeria (SAN), maintained that the plaintiff lacked the locus standi to institute the legal action.
Oshiomhole, who, predi-cated his request on 10 grounds, argued that the applicant ought to file the instant suit for judicial review within three months of occurrence of the subject of the application.
He added that the action of the EFCC, which is being subjected to review by the instant proceedings occurred on December 13, 2016, while the proceedings for judicial review commenced on June 13, 2018, 18 months after the occurrence of the alleged failure being complained about.
The senior lawyer further argued that the plaintiff’s right of action has become unenforceable.
Attacking the issue of locus to file the suit, Dodo said the plaintiff has not shown how the actions of the second respondent/applicant affected him over and above other residents and indigenes of Edo State.
In addition, Oshiomhole submitted that the court lacks the jurisdiction to entertain the suit for failure of the bishop to commence the action within the time provided by extant rules of the court and for failure to disclose locus standi to file the action.