Severance Package: Kwara Assembly drags EFCC to court over arrest, harassment
By Mumini AbdulKareem
The Kwara State House of Assembly has dragged the Economic and
Financial Crimes Commission (EFCC) to court over the arrest of its
clerk, Hajia Jummai Kperogi and incessant harassment of its members in
lieu of the payment of severance package to members of the 8th
Assembly, National Pilot can authoritatively report.
Kperogi was reportedly quizzed by the commission in Ilorin for hours
over her role in the release of the money to the lawmakers who are
winding up their tenure.
In the suit exclusively obtained by this reporter marked
FHC/IL/CS/30/2019, the legislators among others, sought the relief of
the court to declare the arrest, harassment and detention of the clerk
(25th applicant) as unlawful, official recklessness, victimisation,
unwarranted, highhandedness, unreasonable and a gross violation of her
rights under section 34(1)(a) and 35 of the 1999 constitution as
amended.
In its statement of fact in support of the application, the lawmakers
said the respondent (EFCC) claimed to have received petition of a case
of conspiracy, diversion of public fund and money laundering as a
result of which the clerk was arrested, detained and interrogated
preparatory to other odious and unwholesome steps that may be taken
against other members of the 8th assembly.
The suite will be heard today(Monday) under Justice Babagana Ashugar
of the Federal High Court, Ilorin. The Speaker, Dr Ali Ahmad, his
deputy, all principal officers, entire legislators and the clerk are
applicants.
The case is being handled by Barr. Tunde Olomu on behalf of the Kwara
State House of Assembly.
Although Olomu disclosed in a telephone chat with our reporter that
the anti-graft agency had been served, EFCC spokesman in Abuja, Tony
Orilade however requested to see the filing which was sent to him
through Whatsapp when contacted on the development.
Orilade, who subsequently confirmed the development later reacted to
the story through a Whatsapp message.
According to him, “I have confirmed. The matter is already in court so
it is prejudice to speak at this time”.
The lawmakers said the resolution of members arrived at on the 8th of
May, 2019 regarding the payment of severance allowance was lawful,
proper and in consonance with the exercise of their legislative duties
as enshrined in the constitution.
The lawmakers further sought an order of court restraining the EFCC
(respondent) from further harassing, arrest and victimisation of all
the legislators and clerk over the performance of their duties and for
the court to declare the “purported investigation into the purported
payment of severance gratuity to the lawmakers as being vindictive,
arbitrary, wrongful, illegal, unwarranted, unconstitutional and an
affront to legality.
Kwara Assembly also prayed the court to retrain the EFCC from freezing
the accounts of the legislature before the end of the tenure of the
8th assembly.
The House held in its grounds of application that, “by virtue of the
Revenue Mobilisation Allocation and Fiscal Commission, the lawmakers
are entitled to the severance gratuity allowance.
“That the Speaker (1st applicant) sought and obtained the approval of
the executive Governor of Kwara State for the payment.
“The principal officers of the House at a meeting held on 8th May,
2019, resolved that the severance allowance should be paid immediately
to prevent the account from being charged in the name of maintenance
and that the “payment is entitlements as against labeling it as
diversion of public fund or money laundering by the EFCC” among
others.