What Atiku Told Abuja Court That Convinced Judge To Slam Keyamo With N10m Fine, Dismiss Corruption Case

Following arguments by Mike Ozekhome, SAN, the lawyer to former vice president and 2023 presidential candidate of the People’s Democratic Party(PDP), Atiku Abubakar, the Federal High Court on Monday dismissed a corruption case filed against Atiku by the former Minister of State for Labour and Employment, Festus Keyamo, SAN.

The court also awarded a N10 million cost against Keyamo who was a campaign spokesperson for President Bola Tinubu.

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Keyamo, had while serving as a minister in the former president Muhammadu Buhari administration, instituted a legal action (during 2023 election campaign) before the court, seeking an order mandating anti-graft agencies including the Code of Conduct Bureau ( CCB) to initiate investigation into the former VP’s alleged use of a ‘Special Purpose Vehicle’ (SPV) to divert public funds between 1999 and 2007.

At the time, he had also petitioned the anti-graft agencies to start investigating Atiku within 72 hours.

But in his preliminary objection before the court made available to THE WHISTLER, Ozekhome told Justice James Omotosho that Keyamo lacked the locus standi (the legal right) to institute the said suit because he did not disclose what he suffered over and beyond other members of the public leading to the commencement of the suit.

“Keyamo did not disclose any wrong done to him by Atiku, or what damage he had suffered,” Ozekhome argued, describing him as a busybody and meddlesome interloper and contending that the entire suit disclosed no reasonable cause of action whatsoever.

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A lawyer from Mike Ozekhome’s chambers, Barr Benson Igbanoi, further argued that the suit amounted to a gross abuse of office because Keyamo being a public officer and occupying a public office was using public funds to file and prosecute his client contrary to rules of court.

“The suit was indeed instituted in bad faith; frivolous; vexatious and therefore a waste of precious judicial time,” Atiku’s lawyers contended.

The Independent Corrupt Practices and Other Related Offences Commission (ICPC), being part of the respondents in the matter, equally raised preliminary objection against Keyamo.

Ruling on their preliminary objections on Monday, Justice James Omotosho in Suit No. FHC/ABJ/CS/84/2023 awarded the sum of N10 million cost against Keyamo, directing him to pay N5 million to Atiku and N5 Million to the ICPC, respectively.

The court added that 10% interest rate per annum will be counting on the cost until full liquidation of same.

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Justice James Omotosho, agreeing with Ozekhome , held that Keyamo lacked locus standi to institute the suit, having failed to show any damage he suffered before filing the suit.

The court also held that Keyamo’s letter which gave the CCB, ICPC, and EFCC (2nd, 3rd and 4th defendants, respectively in the suit) an ultimatum of 72 hours to arrest, investigate and prosecute Atiku, was done in bad faith.

He added that anti-graft agencies were not his errand boys.

Justice Omotosho concluded that the petition to anti-graft agencies was done in bad faith because they could not have sufficiently carried out their statutory functions within 72 hours outlined by Keyamo, during election campaigns.

The judge dismissed the suit for being an abuse of court process while commending the EFCC and ICPC for showing restraint and not behaving like Keyamo’s servants.

Reacting to the development after the court’s ruling, Keyamo’s lawyer, John Ainetor, stated he would appeal the ruling.

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