The Federal High Court Abuja, on
Tuesday, ordered the Economic and Financial Crimes Commission, (EFCC) not to
arrest Femi Fani-Kayode and Yinka Odumakin without following appropriate due
process of the law.
Ruling on a fundamental rights
suit filed by the duo, Justice John Tsoho, maintained that such arrest by the
EFCC, Department of State Services (DSS) or the Police, must be subject to
processes being in accordance with provisions of the law.
Justice Tsoho also ordered that
the EFCC’s public declaration to arrest Fani-Kayode and Odumakin on the basis of
spreading false rumours was an infringement on their rights and a breach of
their fundamental rights enshrined in Section 34(a) 35(1) (4) and (5) of the
1999 Constitution.
The judge further made an order
enforcing Fani-Kayode and Odumakin’s fundamental rights and ordered the EFCC,
the DSS and the Nigeria Police to stop issuing threats of unlawful arrest.
The court, however, declined to
grant the prayer compelling the EFCC, DSS and Police from tendering an
unreserved apology to the duo for infringing on their rights.
He also declined the prayer
asking the security agencies to pay the sum of N20 million as damages for
infringing on their rights.
Fani-Kayode, a former Minister of
Aviation and Odumakin, the Spokesperson of Afenifere had sued the EFCC over an
alleged plan to arrest them.
They joined the DSS and the
Police in the suit filed at the Federal High Court, Abuja.
The applicants, through their
counsel, Mr Chukwuma Machukwu-Ume (SAN) were praying the court to stop the
security agencies from arresting them over alleged false information they
spread.
They were also demanding N20
million as damages for the unlawful threat to arrest them from the applicants.
They further prayed for a
declaration that the respondents’ public declaration to arrest them on the
basis of spreading false rumours was an infringement of their fundamental
rights as enshrined in Section 34 (a), 35 (1) (4) and (5) of the 1999
Constitution.
They said the threat to falsely
imprison their liberty, safety, peace and security was a breach of their
rights.
Fani-Kayode and Odumakin prayed
for an order of perpetual injunction restraining the respondents and their
agents from harassing, arresting or detaining them.
They also prayed for an order
compelling the respondents to tender an unreserved apology to them for the
infringement of their fundamental rights and for describing them in a demeaning
manner.
The applicants said they and
their families were living in fear as to what might happen if these respondents
were not restrained by the court, coupled with their state of health.
According to them, the EFCC is
biased and its invitation, which they said they have not received, is a
disguised plan to incarcerate them and thwart the cause of justice.
Fani-Kayode had claimed that EFCC
operatives surrounded Chief Justice of Nigeria, Walter Onnoghen’s home, while
Odumakin shared a video to that effect.
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