SPV Saga: ‘Highly Inappropriate,’ Atiku’s Lawyers Ask CCB To Stop Investigation Into Keyamo’s Petition

The lawyers to the Peoples Democratic Party (PDP) presidential candidate in the 2023 presidential election, Atiku Abubakar have urged the Code of Conduct Bureau (CCB) to drop its investigation of the petition against their client by the Minister of State for Labour and Employment, Festus Keyamo.

GWG.ng reports that Keyamo had petition the CCB in the build up to the 2023 presidential poll against Atiku for allegedly using the Special Purpose Vehicle (SPV) to divert fund while in office as Vice President between 1999 and 2007.

In the case filed at the Federal High Court, Abuja, by the Festus Keyamo Chamber, the plaintiff joined CCB, Independent Corrupt Practices and Other Related Offences Commission (ICPC) and the Economic and Financial Crimes Commission (EFCC) as 2nd, 3rd and 4th defendants respectively, while Atiku is the first defendant.

In the suit, the plaintiff (Keyamo) sought a declaration of the court that the 1st defendant (Atiku) is under a legal obligation to make available to the 2nd, 3rd and 4th defendants, for the purpose of aiding their investigation, information available to him in respect of a certain bank account belonging to a company named Marine Float and other accounts of two undisclosed companies, which information he disclosed to a certain close aide of his called Michael Achimugu, as to how the said accounts were used as a “Special Purpose Vehicles” to secretly divert and misappropriate public funds between 1999 and 2007 when the 1st Defendant served as Vice President of Nigeria.

The CCB had last month formally confirmed receipt of the petition and extended an invitation to Keyamo.

However, in a swift response, the chief counsel to Atiku, Mike Ozekhome in a letter dated April 7, 2023 addressed to the Bureau argued that the matter is sub judice as Keyamo had filed the same matter at the Federal High Court in Abuja.

He said it is “highly inappropriate” for a party to a suit to take any extra-judicial steps, or to embark on any course of action that is either tantamount to or calculated to undermine the authority and integrity of the court.

According to Ozekhome, such a behaviour is condemnable as it has the potential of over-reaching the court.

“Upon being served with the originating process in the said suit, our client – through us – promptly responded by filing a Statement of Defence as well as a Preliminary Objection thereto,” the letter read.

 “Copies of both processes are herewith attached for your perusal and guidance; In other words, issues have been duly joined in the matter between the Plaintiff and our client. Accordingly, the matter is now sub judice.

“You will therefore appreciate our surprise to read in the media that Mr. Keyamo has reportedly responded to the invitation of your esteemed Bureau purportedly to shed more light on his complaints to the Bureau, which far preceded and formed the very basis of his pending suit, as aforesaid.

“Our reasons are obvious: it is highly inappropriate for a party to a suit to take any extra-judicial steps, or to embark on any course of action that is either tantamount to, or calculated to undermine the authority and integrity of the court, which is dominus litis over the proceedings.

“Such behavior is as condemnable as it is unacceptable. It is strongly frowned upon, by courts of law, as it has the potential of over-reaching the court, the other party (our client) and foisting or the court, a fait accompli. In fact, it smacks of contempt of court, albeit ex facie curiae.”

He therefore urged the bureau to refrain from interfering in the subject matter of Keyamo’s petition and to advise and direct him to pursue his pending litigation against Atiku to its logical conclusion.

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