The Economic and Financial Crimes Commission (EFCC) has declared former Governor of Kogi State, Abubakar Audu wanted for offences bordering on conspiracy, stealing and misappropriation of public funds.
The anti-corruption agency claimed to have been forced into taking the action after the suspect shunned invitations.
“Former Governor Audu is wanted for alleged fraudulent enrichment of self to the tune of over N4bn while he held sway as Governor of Kogi State between 1999 and 2003,” EFCC stated in a press release signed by Wilson Uwujare, its head of media and publicity.
It added that its attempt to arrest Audu at his 32, Sulaiman Barau Street, Asokoro, Abuja residence on 11th December 2012 failed as he evaded arrest.
The move to arrest the ex- governor followed the Supreme Court ruling of 23rd November 2012 that dismissed the appeal of the ex-governor, which has been prolonging his trial since 2007.
“The Commission implores anyone having useful information about the whereabouts of the suspect to notify its offices in Abuja, Port Harcourt, Lagos, Kano and Enugu or report at the nearest police station,” the statement further pleaded.
Meanwhile, the embattled former governor on Thursday approached a Federal High Court in Abuja, praying it to stop EFCC from arresting and arraigning him on account of the allegations.
In an originating summons filed by Mike Ozekhome (SAN) on his behalf, Audu asked the Federal High Court in Abuja stop the “abuse of court process” by preventing EFCC from commencing any fresh process of investigation or prosecution against him, since he has already been charged on an 80-count charge currently pending at the High Court of Lokoja, Kogi State.
Specifically, Audu wants the court to declare that EFCC’s of 11th December 2012, inviting him to an undisclosed ongoing investigation with a view to freshly arraigning him before a court as gross abuse of the process of court.
This is in addition to “a declaration that the plaintiff cannot legally be arraigned and/or prosecuted by the respondent or any other person or authority within the Federal Republic of Nigeria in respect of offences allegedly committed during his tenure as Governor of Kogi State between May 1999 and May 2003, when there is subsisting a charge pending before the High Court of Justice, Lokoja presided over by Hon. Justice S.T. Hussaini and the Court of Appeal, Abuja in Appeal No: CA / A / 381c / 2011, alleging the same offences committed during the same period and arising from same facts as the pending and extant charges.”
Similarly, he is seeking “a declaration that the unlawful invasion of the residence of the plaintiff in early hours of 11th December 2012 without any prior invitation and without a valid search warrant or warrant of arrest, under the pretext of arresting the plaintiff and the subsequent wide publicity accorded the invasion by the respondent in the print, electronic and internet media without any prior invitation to the effect that amounts to undue sensationalsim, humiliation, intimidation, and invasion of the plaintiff’s right to privacy and family life contrary to the provisions of Sections 37 of the Constitution of the Federal Republic of Nigeria, 1999 as altered and is therefore illegal, wrongful, irregular, null and void.”
Audu wants the court to hold that the 23rd November 2012 decision of the Supreme Court overruling his appeal “did not effectively and finally terminate his trial on the – 80 count charge at the High Court of Justice, Lokoja.
Among is prayers is “an order of perpetual injunction restraining the respondent whether by itself, servant, agents, employees, privies and or persons working for and on its behalf howsoever from inviting, arresting, detaining or arraigning and or taking any step thereto against the plaintiff on a charge or charges alleging offences purportedly committed by the Plaintiff during his tenure as Governor of Kogi state between May 1999 and May 2003 in the face of charge No: EFCC / 1 / 2006, FRN Vs Abubakar Audu, pending and extant before the Kogi State High Court, Lokoja presided over by Hon. Justice S. T Hussaini and also pending and extant before the Court of Appeal, Abuja in Appeal No: CA / A / 381c / 2011 over which the trial court has since the 12th of July, 2012 granted a stay of proceedings.”
Audu also wants the court to award him the sum of N100m as damages for the “unlawful, illegal, wrongful and unconstitutional invasion” of his privacy, home and family life.”
