EFCC challenges suit seeking to jail Lai Mohammed

The Economic and Financial Crimes Commission (EFCC) on Tuesday prayed the Federal High Court in Lagos to quash an application seeking to have the Minister of Information and Culture, Lai Mohammed, tried and sent to jail for alleged libel.

The application was filed before the court by a former Finance Minister (State) Mrs. Nenadi Usman, following Mohammed’s publication of her name as an alleged looter.

The former minister initiated contempt proceedings against Mohammed before Justice Rilwan Aikawa, who is also trying her for alleged money laundering.

In a motion on notice filed through her lawyer Chief Ferdinand Orbih (SAN), Mrs. Usman argued that the inclusion of her name on the looters’ list while her case was pending in court was contemptuous.

She said that minister of information was aware of the charge against her, yet he caused to be published a list of looters in several media platforms on April 1, where her name featured prominently as having looted N1.5 billion.

Usman counsel has therefore prayed the court to grant his client leave for Mohammed to appear to show cause as to why he should not be committed to prison for contempt.

According to him, Mohammed’s publication of Usman’s name as a looter undermined the court’s authority, adding that should the court fail to punish Mohammed, its integrity would be questioned by the public.

But EFCC’s lawyer, Rotimi Oyedepo, challenged the application on Tuesday, describing it as “parasitic” and a ploy to delay the former minister’s trial.

According the counsel to the EFCC, Usman ought to have filed a separate civil suit for libel against Mohammed rather than initiating contempt proceedings before the judge she is undergoing trial.

He argued that the newspaper publications cited by Orbih did not expressly declare Usman as a looter, explaining that the reports in question used the expression “alleged looter”, which he said was in conformity with the charge against Usman.

He said, “There is nowhere in Exhibit A (newspaper report), where the defendant is described as a looter of public treasury. What was published is an allegation which is yet to be proven.”

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Oyedepo opposed Orbih’s position that the contempt proceedings were criminal in nature and must be dispensed with as a matter of priority before the substantive trial can continue contempt.

“The minister of information is not a party to the criminal proceedings against the applicant. There was nothing that connects the Ministry of Information to the motion, which was taken out to annoy the prosecution.

“The motion is lacking in substance; it is an abuse of court’s process and should be dismissed,” Oyedepo added.

After hearing the arguments of different counsels, Justice Aikawa adjourned the matter till October 16 and 19 for ruling.

 

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