Malami, Paris Club refund and rule of law | The Guardian Nigeria News - Nigeria and World News

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The pressure being mounted by the Minister of Justice and the Attorney-General of the Federation, Abubakar Malami, for payment of $418 million to consultants over the Paris Club refund is highly misplaced and prejudicial to a matter pending in court.

An officer of the status of the federal attorney general should be the last person to be seen canvassing the claim. That action is disrespectful of the court and derogatory of the independence of the judiciary. Malami should retrace his steps accordingly and allow due process of court to prevail.

It is noteworthy that the same Justice Ekwo had in November last year restrained the Federal Government from making any deduction from the Federation Account for the purpose of settling the contentious consultants’ fees pending the resolution of the issues on the matter before the court. It is also on record that Justice Ekwo refused to vacate the stay of execution order when pressed upon to do so by the Federal Government and others.

Specifically, in the case of Ezegbu v First African Trust Bank Limited 1 NWLR page 699 at 724, the court held: “It is trite law that where a matter is before a court of law, none of the parties can legally or wrongfully take any unilateral action that will prejudice or tend to prejudice the hearing or adjudication of the matter by the court. Parties who have submitted to the jurisdiction of the court are under a legal duty not to do anything to frustrate or make nonsense a possible court order.

 

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