January 04, (THEWILL) – Ahead of the February 25, Presidential election in Nigeria, a High Court of the Federal Capital Territory (FCT), sitting in Garki, has barred security agencies from investigating the Chairman of the Independent National Electoral Commission(INEC), Prof. Mahmood Yakubu, over his valid assets declaration.
The court, Presided over by Justice M. A Hassan, also dismissed a suit challenging the legitimacy of the assets declared by Prof. Yakubu.
The ruling followed an originating Summons marked FCT/HC/GAR/CV/47/2022 filed by Somadina Uzoabaka, against the Attorney General of the Federation and Prof. Mahmood Yakubu.
The Claimant had sought among other things, an order of mandatory injunction directing and compelling the INEC Chairman to recuse, excuse and exclude himself and or step down as the Chairman of INEC pending the investigation and consideration of the various allegations against him by the various law enforcement agencies.
The Claimant also sought an order from the Court barring Prof. Yakubu from holding or assuming any public office for a period of 10 years.
But, Prof Yakubu had in a counter affidavit through his lawyer, Emeka Obegolu (SAN), furnished the Court with several exhibits to show the sources of money for the purchase of the properties, which the Claimant alleged were illegally acquired and insisted that his assets declarations were validly done.
Delivering the ruling on Wednesday, Justice Hassan held that the declaration of assets by Prof. Yakubu was lawful, valid and in compliance with the law and that he cannot be investigated by any security agencies.
The judge, who declined to grant any of the 14 reliefs sought by the claimant declared that the INEC Chairman cannot be removed over fabricated allegations of false assets declaration.
The court, therefore, dismissed the claims of the Claimant and allowed the Counter-claim of the INEC Chairman.
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