Court restrains EFCC, DSS from arresting Fani-Kayode, Odumakin without due process

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.