Keyamo’s Suit Against Atiku: Court Tongue-lashes Ex-Minister, Fined ₦10m

• …Judge says action vexatious, in bad faith

It was not a good day on Monday for the immediate past minister of State for labour and productivity, Festus Keyamo, a senior advocate of Nigeria, as he was literally taken to the cleaners by Justice James Omotosho of the Federal High Court, Abuja, over a suit he brought before his court seeking an order to compel the Code of Conduct Bureau, CCB, the Economic and Financial Crimes Commission, EFCC, and the Independent Corrupt Practices and Other Related Offences Commission, ICPC to arrest, investigate, and prosecute Atiku Abubakar, former vice president, and candidate of the Peoples Democratic Party, PDP in the February 25 presidential election.
Keyamo had, through his counsel, Festus Ukpe, in Suit No. FHC/ABJ/CS/84/2023, with a supporting affidavit deposed to by one Michael Achimugu, who alleged that Atiku used a Special Purpose Vehicle (SPV) to corruptly enrich himself while he was Vice- President of Nigeria, sought an order of the court to compel the anti-graft agencies to Invite and/or arrest, investigate and prosecute Abubakar.
Justice Omotosho not only lampooned Keyamo for giving the anti-corruption agencies an ultimatum of 72 hours to arrest, investigate and prosecute Atiku as if they were his errand boys, but he also imposed a ₦10m cost on him.
Dismissing the suit in a ruling on the preliminary objections filed by Atiku’s Counsel, Mike Ozekhome, professor of Law, and senior advocate of Nigeria, SAN, and Miss Oluwakemi Odogun of the ICPC, Justice Omotosho agreed with Ozekhome that the suit was instituted in bad faith.
In response to the originating process, Atiku had through his counsel, raised a preliminary objection to the suit, to the effect that Keyamo lacked the locus standi to institute the said suit, having failed to disclose what he suffered over and beyond other members of the public. Ozekhomne, further contended that Keyamo did not disclose any wrong done to him by Atiku, or what damage he had suffered; describing him as a busybody and meddlesome interloper, as the entire suit disclosed no reasonable cause of action whatsoever.
While arguing the matter, Benson Igbanoi, holding the brief of Ozekhome, also argued that the suit constituted a gross abuse of office, the plaintiff being a public officer, occupying a public office, and using public funds to file and prosecute the same. He further contended that the suit was indeed instituted in bad faith; frivolous; vexatious, and therefore a waste of precious judicial time.
Swayed by this argument, the presiding judge agreed that Keyamo lacked locus standi to institute the suit, having failed to establish any special interest over and beyond other members of the public or show any damage suffered by him. Justice Omotoso further held that Keyamo’s letter to the CCB, ICPC, and EFCC (2nd, 3rd and 4th defendants, respectively in the suit) in which he gave them an ultimatum of 72 hours to arrest, investigate and prosecute Atiku, was done in bad faith, as the agencies were not in any way his errand boys. Posing the question if 72 hours were ever sufficient to investigate and commence the prosecution of allegations of such magnitude, Justice Omotosho said the answer was a capital NO!
Further knocking the former minister, the court concluded that his action in rushing to file the suit was a move done in bad faith, more so coming from a lawyer of his standing. The judge also frowned at the unconscionable manner the plaintiff behaved, as public institutions must be regarded and protected. Justice Omotosho, therefore, commended the EFCC and ICPC for showing restraint and not allowing themselves to take orders from Keyamo (the plaintiff) as if they were his servants.
Consequently, the court dismissed the suit in its entirety for being “frivolous, vexatious, and an abuse of court process”, with a cost of ₦10 million against Keyamo, at ₦5m each in favour of Atiku and the ICPC respectively; with a 10% interest per annum, until full liquidation of same.