AriseNews: Justice John Tsoho of the Federal High Court in Abuja, has granted all the prayers in the motion retraining the Economic and Financial Crime Commission (EFCC), the Nigeria Police Force (NPF) and the State Security Service (SSS) from inviting, arresting or detaining former Minister of Aviation, Chief Femi Fani-Kayode and Chief Yinka Odumakin pending the determination of the case on their fundamental human rights brought before the court.
Justice Tsoho gave the order today, Monday January 21, 2019 while delivering judgement in the motion ex parte filed on behalf of Fani-kayode and Odumakin by their counsel, Barr Chukwuma Machukwu-Ume (SAN), former Attorney General of Imo State.
Barr Machukwu-Ume told the court that the three security agencies were planning to arrest and detain his clients over comments they made with regard to the travails of the Chief Justice of Nigeria, Justice Walter Onnoghen. He further argued that his clients were only expressing their freedom of speech and that their lives are currently being threatened and as a result, both have gone into hiding.
“The spokesman of the EFCC, Mr Tony Orilade, was alleged to have made the threat to arrest them publicly at a conference where he represented the EFCC chairman. He said they are doing everything possible to arrest these two gentlemen just for speaking their minds. The EFCC is established to pursue corruption and not comments made by Nigerians, expressing themselves,” he added.
Stressing that "the application was brought pursuant to Section 6 (6)(b) and Section 46 of the 1999 Constitution (as amended) as well as Order 4 Rules 3 of the Fundamental Rights Procedure Rules."
He submitted by urging the court to grant the order restraining the respondents or their privies from inviting, arresting or detaining his clients pending the determination of the motion on notice.
Justice Tsoho expressed satisfaction that the learned counsel has argued his motion well and that the applicants had made a case that the lives were being threatened. Hence, he granted all the prayers contained in the motion ex parte.
“I am satisfied that the applicants have made out a case for the court’ intervention. Accordingly, the respondents are restrained from either arresting or detaining the applicants on grounds of the applicants’ public statements pending the determination of the application on notice''Justice Tsoho ordered.
Then the case was adjourned to Monday February 4, 2019.