Former Minister of Defence, Obanikoro loses court suit against EFCC

Sen. Musiliu Obanikoro

Report reaching us from The Lagos State Federal High Court today, revealed that the N100m fundamental rights enforcement suit filed by a former Minister of State for Defence, Musiliu Obanikoro, against the Economic and Financial Crimes Commission has been striked out.
Obanikoro, his wives, Fati and Moroophat, and his sons, Gbolahon and Babajide, through their lawyer, Mr. Lawal Pedro (SAN) had sued the anti-graft agency for what they termed an unlawful invasion of their houses and seizure of some of their properties. They urged the court to declare as null and void the items seized from their houses on June 14, 2016 by the EFCC.

They also filed that the court to award N100m damages against the EFCC in their favour for the violation of their rights to privacy.

But in a ruling on Monday, Justice Abdulaziz Anka struck out Obanikoro’s suit for being incompetent.

The judge upheld the preliminary objection by the EFCC lawyer, E.E. Iheanacho, who said that “since the main claim of the applicants was founded on tort, their principal reliefs are not maintainable under the Fundamental Rights (Enforcement Procedure) Rules, 2009.”

The judge noted that the applicants’ houses were searched by the EFCC based on search warrants secured by the anti-graft agency from the Lagos State Magistrates’ Court.

Justice Anka said he could not declare the recovered items as null and void, so as not to foreclose the possibility of the EFCC tendering them as exhibits in imminent criminal case against the Obanikoros.

It could be recalled that the Former Minister of State for Defence, Senator Musiliu Obanikoro, sometimes last year was linked by to the $2.1 billion arms cash by the EFCC. A reliable source of the anti-corruption commission stated that the former Minister would be made to account for the N4.7 billion traced to firms linked to him, if he is found to be a culprit.

The source, who spoke in confidence, pointed out that the case of the former minister, who is in the commission’s custody, would be treated strictly on its merit, contrary to insinuations that the agency ferried him into the country to be used as a prosecution witness against other suspects in the $2.1 billion arms cash.

“Let me make it clear that we did not bring the man from the United States of America to be used as a witness against any of the suspects we are investigating in respect of the $2.1 billion arms cash scandal.

“No two cases we are investigating are the same and it must be made clear that Obanikoro’s case has nothing to do with any other person being investigated by the commission.

The truth of the matter is that we are just beginning the investigation of Obanikoro and evidence adduced from the probe will determine our next move against him.

“But let it be made known that if evidence establishes that he committed the suspected financial crime, we will immediately charge him to court to show that we have no support whatsoever for corruption no matter who is involved.”

In a statement to the EFCC, Obanikoro admitted giving Fayose N2.23 billion and $5,377,000 in cash while his associate, Mr. Abiodun Agbele, got N1.3 billion.

 Obanikoro admitted that the N1.3 billion was flown to Akure airport in two chartered flights for delivery to Agbele.

The former minister said he also gave N1.7 billion to a former Osun Deputy Governor, Senator Iyiola Omisore, but did not say what the money was meant for.

 The money was sourced from the $2.1billion meant for arms purchase at the ONSA. But Fayose has spit fire over Obanikoro’s revelations and accused the EFCC of bringing him from the U.S. under an arrangement to give him a ‘soft landing’ and use him to nail him (Fayose) and others named in the arms scam.


Will Obanikoro get past his ordeal anytime soon?