The Abuja division of the Federal High Court Tuesday vacated an earlier order it gave freezing 24 accounts of the Peace Corps of Nigeria (PCN).
The trial Judge, Justice John Tsoho, vacated the order in a ruling he delivered yesterday on an application by PCN seeking reversal of the court’s earlier order.
Justice Tsoho had on June 23 ordered the freezing of the 24 accounts while delivering ruling on an ex parte application brought by the Nigerian Police seeking the freezing of the accounts.
Following, counsel to PCN, John Ojogu, on behalf of the organisation filed a motion on notice dated July 5, 2017, praying the court to vacate its post-no-debit order freezing its accounts.
The organisation further prayed the court for an order directing two banks, Diamond Bank and Stanbic IBTC, to unfreeze its accounts with them.
Tsoho in his ruling held that the application of the police was an abuse of court process and was done in bad faith.
While stating that the court based its decision on the sole issue formulated by James Idachaba, counsel to the complainant/respondent (Police), he said the issue was “whether the ex parte order made by the court on June 23, 2017, is not liable to be discharged or vacated by the court.
He described Idachaba’s argument in urging the court to dismiss the application of PCN as “Great effort without effect.”
Justice Tsoho added that the police did not controvert the affidavit evidence of the Corps that facts were suppressed and issues misrepresented by the police to obtain the ex parte order.
The judge said the affidavit in support of the motion ex parte was deposed to by one Sergeant Philip Tumba from the CIIB, FCT Police Command, whereas the charge against the PCN was filed by the office of the Attorney General of the Federation.
Justice Tsoho also stated that the counsel to the police failed to show in his affidavit in support of the motion ex parte how the AGF authorised him to act on his behalf.
“This inconsistent posturing of the police adversely affected the validity of the ex parte order granted by this court on June 23, 2017,” he said.
According to the judge, the magistrate court had made an order on the issue of the police suppressing facts and misrepresenting issues before the Federal High Court “and this amounts to duplication of order.”
In addition, the court agreed with the submissions of counsel to PCN that an “interim order” must be short.
“I therefore hold that if the police desired anything more, it should not have come to this court by way of motion exparte but through motion on notice seeking an injunction,” Justice Tsoho said.
The matter was however adjourned to October 24 for the hearing of other pending applications.
