#EndSARS Campaigners’ Accounts: FG Still Weighing Options – Malami

The Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), has revealed why the federal government is yet to unfreeze bank accounts of 20 #EndSARS protesters.

Recall that the order to freeze the bank accounts linked with some promoters of the #EndSARS protest was on Wednesday set aside by a Federal High Court in Abuja.

In a ruling on Wednesday, Justice Ahmed Mohammed ordered all concerned banks to immediately unfreeze the affected accounts.

The presiding judge said the ruling follows the withdrawal of all processes filed in relation to the suit by lawyers to all parties.

Justice Mohammed proceeded to strike out the suit filed by the Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, and in respect of which the ex-parte order freezing the accounts for 180 days was made on November 4, 2020.

But speaking on Sunrise Daily, a Channels TV programme on Thursday, Malami explained that federal government is yet to comply with the court judgment because it is still weighing options as allowed by the law on such matters.

“We need to take in a lot of factors with particular reference to the compliance with the court order and within the context of striking a balance, the options that are available are multiple,” Malami said.

“One, the consideration of or a possibility of wholehearted compliance with the court order; that is, comprehensive, unconditional compliance with the order relating with the unfreezing of the #EndSARS account.

“But, that does not take away the right of government to give a further consideration when the need arises. A consideration for example, of excising the right of appeal against the order, of excising a right of appeal against the order if the need arises coupled with the right of stay of execution of the order or perhaps, application of variation of order among others.

“While the government has chosen to exercise those rights and indeed an appeal of variation of the court order or an appeal for setting aside the order or perhaps stay of execution of the order, you cannot within the context of the rule law adjudge the government as operating in breach of the order.

“It all depends on, for example, where parties unilaterally settle for arrangement or the order is a product of settlement arrangement, I think the possibility of considering options associated with appeal of variation of the order or setting aside the court order may not necessarily come into play.

“But where it indeed is product of contentions between the party ‘A’ saying, ‘this is the way it is’, and the other party saying no, ‘this is the way it is’, the court will now decide to make a ruling one way or the other. So, the right of appeal, right of application to set aside the court order or perhaps, maybe a staying of execution of the order may come into play.

“It all depends on the prevailing circumstances. It is the prevailing circumstances that determine what decisions, what provision, what direction the party involved in the suit or the party affected by the order will consider as the next line of action to take.”