Chief Rotimi Jacobs, SAN representing the EFCC in the $15 million dollars forfeiture suit informed Justice Gabriel Kolawole that Clark’s outbursts over the suit in several newspapers were prejudicial.
Jacobs urged the judge to summon him to answer to the charge.
Responding to the application by Jacobs, the Attorney General of Delta State, Mr. Wilson Ajuya, SAN, who is representing the state, urged the judge to ignore the application in order not to distract the court from the original matter.
In his ruling, Justice Kolawole noted that Clark was not a party in the suit pending before the court and that dwelling on comments made by non-parties in a suit amounted to “searching for the cure for ring worm in a case involving leprosy.”
The court however called on Nigerians, especially lawyers like Clark who ought to know, to desist from making comments on matters pending before courts in order not to prejudge the outcome of the case.
The court also advised the EFCC to file a separate application if it wanted to pursue the matter, to enable Clark respond in line with his constitutionally guaranteed right to fair hearing.
Recall that Clark had during a press briefing on the suit thrown his weight behind claims by Delta state government that the money belonged to the state and hence should be returned to it.
He further called for the sack of EFCC chairman, Mr. Ibrahim Lamorde over his role in what he described as a plot to have the sum forfeited to the Federal Government.
He alleged that Lamorde had his eyes on the percentage of the sum that the EFCC would receive if the money is forfeited to the federal government, and accused the anti graft agency boss of falsifying records to fulfill his ulterior motive.
He accused the EFCC under Lamorde of lies and contradictions over the source of the money pointing at statements contained in a counter affidavit deposed to by one Bello Yahaya, an operative of the EFCC, which the agency relied upon in opposing Delta’s claim to the funds.
Clark also stated that the affidavit deposed to by the operative last August contradicted an earlier one he deposed to in 2007 after the $15m was picked up from the home of former Presidential aide, Senator Andy Uba by Lamorde in the presence of the then EFCC boss, Ribadu.
He regretted that the anti graft agency is being portrayed as incompetent and uncommitted to the war against corruption.
Meanwhile, one Mr. Olalekan Bayode has also applied to be joined in the forfeiture suit on a public interest locus.
Bayode wants government to set up a Trust to manage the money instead of transferring it to the government of Delta State.
He hinged his argument on previously repatriated funds seized from corrupt politicians, which have not been accounted for.
The suit returns to court on 19 November.
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