EFCC throws out PF-linked petition over vehicles, cites improper transfer of case from High Court

The Economic and Financial Crimes Court (EFCC) has struck out a petition filed by Behlum Trading Limited and the Patriotic Front (PF), ruling that it lacked jurisdiction due to an improper transfer of the case from the High Court’s Principal Registry.

A three-judge panel comprising Justices Susan Wanjelani, Pixie Yangailo, and Ian Mabbolobbolo delivered a unanimous decision, declaring that the petition had been wrongly placed before the EFCC.

The petitioners had asked the court to declare the seizure and attempted forfeiture of their vehicles by the Joint Investigations Team as unlawful.

They also sought compensation for business losses and reputational damage, arguing that the Joint Investigations Team was not a legally constituted body under government structures.

However, the court did not address the substantive claims, focusing instead on the irregularities surrounding the case’s transfer.

The case was initially filed at the Principal Registry under cause no. 2022/HP/1423 but was later reassigned to the EFCC under cause no. 2022/HPEF/11 through an administrative memorandum issued by High Court Judge Gertrude Chawatama on September 20, 2022.

Critically, no formal court order was issued to authorize the transfer, as required under Sections 23 and 25 of the High Court Act.

Citing a recent Supreme Court decision in Thelma Maunga v. Anti-Corruption Commission and the Attorney General, the EFCC held that the absence of a signed court order rendered the transfer invalid.

That precedent established that jurisdiction cannot be conferred on a receiving registry without such an order.

“This court finds that the transfer was irregular and contrary to statutory provisions and binding precedent. Any further proceedings in this forum would be a nullity,” said Justice Yangailo.

The EFCC subsequently struck out the petition, declaring that the proceedings were void for lack of jurisdiction.

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