The Federal High Court Abuja, on Tuesday, ordered the Economic and Financial Crimes Commission not to arrest Femi Fani-Kayode and Yinka Odumakin without following the 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 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 as enshrined in Sections 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.
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.
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.
Source:- Punchng
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