Dr. Tony Ukam, Oon, Jp V. Economic & Financial Crimes Commission (Efcc) & Anor (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ISAIAH OLUFEMI AKEJU, J.C.A (delivering the Leading Judgment)

The appellant, Dr. Tony Ukam, OON, JP commenced Suit No. FHC/CA/CS/93/2010 through the Originating summons filed at the Federal High Court, Calabar on 23rd December, 2010 wherein he claimed as follows against the respondents as the defendants:

1. A Declaration that the constitutional immunity for Governors in Nigeria does not extend to any Aspirant or Contestant standing or vying for any Political or Elective office in Nigeria.

2. A Declaration that the immunity clause which shielded Senator Liyel Imoke from investigations and prosecution for his financial fraud and complicity in the energy sector of the country as the then Minister for Power does not avail him as a contestant of an elective office.

3. AN Order of the court compelling the Defendants to investigate, screen and present to the court facts of the financial irregularity and embezzlement of Senator Liyel Imoke as a Minister of Power and Energy in Nigeria.

4. An Order stopping and, or disqualifying Senator Liyel Imoke from seeking any Political office in Nigeria whatsoever and howsoever.

The following questions were set down for determination:

“1. Whether immunity for o Governor is immunity for s contestant.

2. Whether an Aspirant or Contestant who is a suspect or a Criminal or who has a case to answer before the EFCC, SS5 Police, etc can be shielded by the immunity clause by reason only that he is immuned from investigations and prosecutions as A GOVERNOR.

3. Whether Senator Liyel Imoke, Governor of Cross River State has any moral or legal justification to seek re-election or election into any Political office in Nigeria when he has not purged himself of the criminal allegations hanging on his neck.

4. Whether what is the essence or rationale of the party’s “screening” of Aspirants/Contestants if it “jumps” over or pay blind eyes to “criminals and criminalities”

The affidavit of 27 paragraphs deposed to by the appellant in support of the Originating summons was also filed on 23rd December, 2010. The 1st respondent upon being served with the Originating summons and supporting affidavit filed a Notice of Preliminary Objection on 13/12/2011 pursuant to Section 6 (6) (A) of the Constitution of the Federal Republic of Nigeria 1999, and Order 16 Rules 2, 3 and 4 of Federal High Court (Civil Procedure), Rules 2009 and later filed the 1st Defendant’s Counter Affidavit on 4/2/2011. The grounds of 1st respondent’s objection are that:

“1. The court locks the jurisdiction to compel the 1st Defendant/Objector by a judicial review to perform duties in respect of which the 1st Defendant has vested and unfettered discretion.

2. The suit does not disclose any cause of action against the 1st Defendant.