Justice John Tsoho of the Federal High Court, Abuja has granted an ex-parte order restraining the Economic and Financial Crimes Commission (EFCC) from arresting former Aviation Minister, Chief Femi Fani-Kayode and Afenifere spokesman, Yinka Odumakin until the determination of a substantive suit marked FHC/ABJ/CS/49/2019.
The EFCC had threatened to arrest Fani-Kayode and Odumakin over their allegations that the anti-graft agency laid seige to the Abuja home of Chief Justice of Nigeria (CJN), Walter Onnoghen with intent to arrest him.
The body later debunked the allegation, describing it as “fake news” and threatening to drag the duo to court for defamation.
But in an exparte application filed yesterday by their counsel, Mr. Chukwuma-Umachukwu Ume, SAN, the plaintiffs among others sought: “A declaration that the Respondent’s public declaration to arrest the Applicants on the bases of spreading false rumours is an infringement of the Applicants rights and breach of their fundamental rights enshrined in the 1999 constitution (as amended).
“An order enforcing the Applicants’ fundamental rights and ordering the Respondents to stop issuing threat of unlawful arrest.
“An order of injunction protecting the Applicants from indiscriminate arrest by restraining the Respondents from threatening, harassing, intimidating, inviting, arresting or detaining the Applicants, by the Respondents, their privies or agents.”
Justice Tsoho granted the exparte application and fixed February 4 for hearing in the matter.
The court further ordered that all parties refrain from engaging in any action that could affect the subject matter of the suit before it.
The judge also directed that all defendants in the suit be served hearing notices.
The Herald can report that apart from the EFCC, other security agencies joined as defendants in the matter include the Department of State Services (DSS) and the Nigerian Police Force (NPF).
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