N19.3b bailout crisis: Kogi drags EFCC to court, demands N35b damages

The Kogi State government has filed a suit against the Economic and Financial Crimes Commission (EFCC) over what the government called unsubstantiated allegations that it fixed N19.3 billion bailout funds received from the Federal Government.

This happened as Justice J. J. Majebi of a Kogi State High Court granted an interim injunction restraining the EFCC from issuing further official or unofficial publications on the issue involving Sterling Bank Account number 0073572696 or any other account purportedly belonging to the Kogi State government.

The state government; the Accountant-General of the state, Momoh Jibrin; and Commissioner for Finance, Budget and Economic Planning, Asiwaju Mukadam Asiru, were claimants in the suit, while the EFCC, Sterling Bank and the Central Bank of Nigeria (CBN) were listed as defendants.

The government is demanding “N35 billion only as damages against the first defendant for the defamatory publication, titled: ‘Hidden N19.3 billion Kogi salary bailout funds returned to CBN’ allegedly made on November 19, 2021, on the commission’s Facebook page.

Read Also:JUST IN: EFCC returns Kogi’s hidden N19.3bn to CBN- Official

The Facebook post reportedly contained, amongst others, “false and unfounded allegations of N19.3 billion being returned from Kogi State bailout account, which portrays fraud and misappropriation of public fund against the claimant”.

The High Court granted the following:

“An interim injunction restraining the first defendant/respondents, its allies, agents, representatives, associates or whoever is acting for them or through them from doing anything either by way of publication or print or electronic media or issuing any official or unofficial publication in any print or electronic media, including online publication on its website or social media, both locally and internationally, with respect to the issues involving Account number 0073572696 or any other account purportedly belonging to the 1st claimant/applicant domiciled with Sterling Bank Plc or any other bank registered and operating in Nigeria pending the hearing and determination of the motion on notice for interlocutory injunction.

“An interim injunction restraining the first defendant/respondent, its allies, agents, representatives, associates or whoever is acting for them or through them from doing anything either by inviting officials of the first claimant or requesting for any document with respect to the issue involving account number 0073572696 or any other account purportedly belonging to the first claimant/applicant domiciled with Sterling Bank Plc or any other bank registered and operating in Nigeria or otherwise relating to or pertaining to the affairs of the 1st Claimant whatsoever or its employees, appointees or associates pending the hearing and determination of the Motion on Notice for Interlocutory Injunction.”

Read Also:Buhari did not visit us after attacks in Sokoto because he does not value our lives-Bafarawa

According to the court order, the motion on notice shall be heard on December 17, 2021.

The plaintiff asked the court to declare that the publication by the EFCC, which it said contained, amongst others, false and unfounded allegations of N19.3 billion being returned, was defamatory of the character of the Kogi State government.

The state government asked for “an order of this honourable court compelling the first defendant to, within 48 hours of the order of this court, publish in three national dailies a retraction of her frivolous allegations and also tender unreserved apology to the Claimant for the defamatory publication written against the claimant”.

Read Also:CSOs from 19 northern states write President Buhari over increasing insecurity, planned fuel subsidy removal

While asking the court to declare the publication as “misconceived, wrongful, illegal, null and void”, the plaintiff also asked the court to declare that the conduct of the second defendant (Sterling Bank) was wrong, illegal, null and void in opening a fixed deposit account number 0073572696 and naming it Kogi bailout account without an application, request, authority or consent of the government.