Mr Keyamo had days ago issued a 72-hour ultimatum to EFCC, ICPC and CCP to arrest Atiku over corruption allegations.
The spokesperson of the All Progressives Congress (APC) presidential campaign council, Festus Keyamo, has sued the presidential candidate of the Peoples Democratic Party (PDP), Atiku Abubakar, over a new corruption allegation against him.
Mr Keyamo had on 16 January issued a 72-hour ultimatum to the Conduct of Conduct Bureau (CCB), the Independent Corrupt Practices and other related Offences Commission (ICPC) and the Economic and Financial Crimes Commission (EFCC) to arrest the opposition leader.
In a petition dated 16 January, Mr Keyamo asked the anti-graft agencies to arrest the former vice president on offences of money laundering, breach of the code of conduct for public officers, conspiracy, and criminal breach of trust and misappropriation.
Mr Keyamo anchored both his petition and suit on the allegations made by Michael Achimugu, who claimed to be a former aide to the PDP candidate.
Mr Achimugu, in a series of social media posts, accused Atiku of using Special Purpose Vehicles (SPV) to commit financial fraud.
Mr Keyamo, who is a Senior Advocate of Nigeria and serving minister of state for Labour and Employment, stated that Mr Achimugu provided substantial evidence to corroborate his allegations against the PDP candidate and former President Olusegun Obasanjo.
With the expiration of the ultimatum and without any action taken by the anti-corruption agencies by 19 January, Mr Keyamo, on Friday, filed his suit at the Federal High Court in Abuja seeking an order compelling Atiku to surrender himself to EFCC, ICPC, and CCB for thorough investigations.
He also sought an order compelling the agencies to arrest and prosecute Atiku.
The lawyer joined Atiku along with EFCC, ICPC, and CCB as defendants in the suit marked FHC/ABJ/CS/84/2023.
Keyamo’s claims
In his statement of claim filed in the suit, Mr Keyamo recalled that about 2 December 2022, Mr Achimugu, acting like a whistleblower, went public and “gave graphic accounts of certain events that transpired between him and the 1st defendant (Atiku).”
He said Mr Achimugu also made available to the public a certified true copy of an affidavit to which he swore capturing the events of how the SPVs were used to commit financial fraud.
Mr Keyamo, who reproduced Mr Achimugu’s affidavit dated 2 December 2022 in his statement of claim, said he also obtained the audio recording containing the voice of Atiku.
He said he immediately wrote to the 2nd, 3rd and 4th defendants (CCB, ICPC and EFCC, respectively) drawing their attention to the facts stated by Mr Achimugu and urging them to act in accordance with their statutory powers and duties.
He, however, noted that despite acknowledging the petition, the anti-corruption agencies, from all indications, “are unwilling to investigate this matter.”
He added that Atiku had also not made himself available to the agencies “for the purpose of aiding their investigation, information available to him”.
Mr Keyamo said Atiku has particularly not made information available to the agencies “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”.
He added that the PDP’s presidential candidate had yet to give information on how the said bank accounts “were used as a ‘Special Purpose Vehicles’ to secretly divert and misappropriate public funds between 1999 and 2007” when he served as Nigeria’s vice president.
He said as a result of his training and legal practice, he knows that “several offences arise from the said facts.”
These offences, according to him, include offences of a breach of code of conduct for public officers, money laundering, criminal breach of trust, criminal misappropriation and conspiracy including criminal use of office for gratification.
Prayers
He, therefore, sought among others, a declaration that Atiku is “under a legal obligation” to make available to CCB, ICPC and EFCC for the purpose of aiding their investigation into the allegations.
Mr Keyamo also urged the court to declare that the agencies too are under a legal obligation “to invite and/or arrest, investigate and (if found wanting) prosecute” Mr Atiku.
Other prayers sought by the plaintiff are:
“A MANDATORY ORDER of this Honourable Court compelling the 1st Defendant 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.
“A MANDATORY ORDER of this Honourable Court compelling the 1st Defendant to submit himself to the 2nd, 3rd and 4th Defendants for a thorough investigation in connection with 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.
“A MANDATORY ORDER of this Honourable Court compelling the 2nd, 3rd and 4th Defendants to invite and/or arrest, investigate and (if found wanting) prosecute the 1st Defendant in respect of the information available to the 1st Defendant 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 “Special Purpose Vehicles” to secretly divert and misappropriate public funds between 1999 and 2007 when the 1st Defendant served as Vice President of Nigeria.”
Mr Keyamo said if the court refuses to grant his prayers “a grave crime and/or infraction of our laws would have gone undetected.”
The case has not been assigned to a judge.
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