By Chukwuemeka Njoku, Abuja
Justice John Tsoho of the Federal High Court sitting in Abuja, on Monday, restrained the Economic and Financial Crimes Commission, (EFCC), the Department of State Services, (DSS) and the Nigerian Police from arresting a former Minister of Aviation, Femi Fani-Kayode and Mr Yinka Odumakin.
Justice Tsoho gave the order in a ruling on a motion exparte filed and moved by Mr Chukwuma Machukwu-Ume (SAN) on behalf of the two applicants.
Justice Tsoho said that he was satisfied that the applicants had made a case that their lives were being threatened.
“I am satisfied that the applicants have made out a case for the court’s intervention.
“Accordingly, the respondents are restrained from arresting and detaining the applicants on the grounds of the applicants’ public statement pending the determination of the motion on notice” Justice Tsoho held.
Consequently, the court granted the application and adjourned the matter until February 4.
Moving the ex parte motion earlier, Machukwu-Ume had brought it to the attention of the court that the three agencies were planning to arrest and detain the applicants over comments credited to them that the DFederal Government has perfected plans to arrest the Chief Justice of Nigeria, Justice Walter Onnoghen.
He told the court that the application was brought pursuant to Section 6 (6)(b) and Section 46 of the 1999 Constitution as well as Order 4 Rule 3 of the Fundamental Rights Procedure Rules.
Machukwu-Ume told the court that, “The spokesman of the EFCC, Mr Tony Orilede was alleged to have made the threat to arrest them publicly at a conference where he represented the Chairman of EFCC.
He submitted that “The EFCC is established to pursue corruption and not comments made by Nigerians, expressing themselves”.
The senior lawyer told the court that his clients were currently living in fear for merely expressing their freedom of speech adding that their family life had also been affected by the threat.
In view of the foregoing, he urged the court to grant the order restraining the respondents from arresting and detaining his clients pending the determination of the application on notice
