Justice John Tsoho of the Federal High Court Abuja has granted an order stopping men of the Economic and Financial Crimes Commission, (EFCC) and the Department of State Security DSS, from arresting Femi Fani-Kayode and Yinka Odumakin without following appropriate due process of the law.
Recall that the government agencies in January this year, threatened to arrest the duo after they falsely alleged that the Abuja home of suspended Chief Justice of Nigeria, Walter Onnoghen, was raided by their officials. Shortly after the arrest threat was made, the duo approached the court to stop the agencies.
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.