The suit with number FHC/ABJ/CS/733/16 dated September 15, 2016 was filed on behalf of SERAP by its Solicitor Femi Falana (SAN).
It was filed pursuant to Order 34, Rules 1 (1) (A); 2, Rule 3 (1) and (2) (A), (B) and (C) of the Federal High Court Rules, 2009 and the inherent jurisdiction of the Honourable Court.
Others who SERAP want the EFCC to investigate include the Deputy Speaker, Yussuff Lasun; the Minority Leader, Leo Ogor; and the Chief Whip, Hassan Ado Doguwa.”
SERAP, in the suit, is seeking two reliefs from the court against EFCC.
The organization is seeking a declaration that the failure of the respondent (EFCC) to investigate allegations of budget padding and abuse of office leveled against Dogara, Lasun, Ogor; and Ado is illegal and unconstitutional as it violates Section 6 of the Economic and Financial Crimes Commission Act, 2004.
The organisation is also asking the court for an order of mandamus compelling the respondent to investigate allegations of budget padding and abuse of office leveled against Dogara and others.
In the affidavit in support of its prayer to the court for an order of mandamus SERAP stated that the suit was borne out of the fact that it is the statutory responsibility of the EFCC to investigate and prosecute financial crimes in the country and that unnless the reliefs sought are granted, the EFCC will not investigate the Speaker of the House of Representatives and others for alleged grave financial and economic crimes.
“This matter is presently generating a lot of public concern and discourse and is presently in the front burner of national discourse thus germane to Nigerians. By the nature of the case, it ought to be heard urgently. It is in the interest of justice to hear this matter expeditiously.”