The Federal High Court, Abuja, on Thursday, has withdrawn the warrant it issued to the Economic and Financial Crimes Commission (EFCC) for the arrest of the Deputy Speaker of Imo State House of Assembly, Rt. Hon Amarachi Iwuanyawu.
The judge, Inyang Ekwo, had issued the order of arrest against Mr. Iwuanyawu in November 2020 over his alleged complicity in alleged N785 million fraud.
Ekwo ruled that the EFCC deliberately suppressed and concealed facts about the matter in obtaining the 25 November 2022 order for arrest warrant against Mr Iwuanyawu.
The judge said he found out that the anti-graft agency failed to disclose in its affidavit in support of the motion ex-parte filed to obtain the order that there was a pending suit at the High Court of the Federal Capital Territory between Mr. Iwuanyawu and the person who petitioned the commission.
“The facts in the ex-parte motion are the same with the facts in the suit number: CV/356/2021 between Hakiz Investment Ltd V. Sun Gold Estate Ltd and two others now pending before the High Court of FCT in Exhibits B and C,” he said.
According to the judge, it Is also pertinent to state that good faith is foundational in every application brought for any order ex parte.
“Going by the facts of this case, it has not been brought in good faith.
“The evidence before me shows that the applicant/respondent (EFCC) was being teleguided by the writer of the petition upon which the applicant/respondent purports to be acting on,” he said.
Justice Ekwo, who held that the commission had no business getting enmeshed in such matters, said the entire proceeding leading to the ex-parte order ought to be struck out.
He said EFCC should not allow itself to be used to compromise judicial integrity.
The judge, who said the Imo State deputy speaker had been able to establish that there was non-disclosure of material facts in the application, said “the order is liable to be set aside on this ground.“
He consequently made an order discharging and vacating the ex-parte order of warrant of arrest issued for the arrest of Mr Iwuanyawu by EFCC, Nigeria police, State Security Services (SSS), the Nigerian Immigration Services and the Interpol.