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Court restrains EFCC, police, others from arresting Femi Fani-Kayode, Yinka Odumakin


Yinka Odumakin

The Federal High Court, Abuja, has granted an order restraining the Economic and Financial Crimes Commission (EFCC), Department of State Services (DSS) and the police from arresting Mr. Femi Fani-Kayode and Mr. Yinka Odumakin.

Justice John Tsoho gave the order yesterday following an ex-parte motion filed by the duo, and which was argued by their counsel, Mr. Chukwuma Machukwu-Ume (SAN).

Machukwu-Ume said the three agencies were planning to arrest and detain his clients following their comments on the trial of Chief Justice Walter Onnoghen.


The counsel added that 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: “The EFCC is established to pursue corruption and not comments made by Nigerians expressing themselves.”

The lawyer told the court that his clients were currently hiding in fear for merely expressing their freedom of speech and that their family life had also been affected by the threat.

According to him, 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.

He, therefore, urged the court to grant the order restraining the respondents from arresting and detaining his clients pending the determination of the application on notice.

Justice Tsoho, after hearing the argument, held 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 court’s intervention. Accordingly, the respondents are restrained from arresting and detaining the applicants on the grounds of their public statement pending the determination of the application on notice,” the judge said.

He consequently granted the application and adjourned the matter till February 4, 2019.

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