Court restrains EFCC, Police, and DSS from arresting Fani-Kayode, Odumakin

Justice John Tsoho of the Federal High Court sitting in Abuja has given an order restraining the Economic and Financial Crimes Commission, (EFCC), the Department of State Services, (DSS) and the Nigerian Police from arresting Mr Femi Fani-Kayode and Mr Yinka Odumakin. Ruling on an ex-parte order argued before him on Monday argued by Mr Chukwuma Machukwu-Ume (SAN) on behalf of the duo, Justice John Tsoho held that he was satisfied that the applicants had made a case that their lives were being threatened. Arguing the application, Machukwu-Ume told the court that the three agencies were planning to arrest and detain his clients over comments they made in regards to the travails of the Chief Justice of Nigeria, Justice Walter Onnoghen. “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 EFCC chairman. “The EFCC is established to pursue corruption and not comments made by Nigerians, expressing themselves,” he said. The lawyer told the court that his clients were currently hiding in fear for merely expressing their freedom of speech adding that their family life had also been affected by the threat. He also 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. 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. After listening to his submission, Justice Tsoho said;”I am satisfied that the applicants have made out a case for the court’s intervention. “Accordinly, the respondents are restrained from arresting and detaining the applicants on the grounds of the applicants’ public statement pending the determination of the application on notice,” the judge said. He granted the application and adjourned the matter until Feb. 4. Daily Times recalls that the Economic and Financial Crimes Commission (EFCC) had last week announced that it will file a libel suit against a former minister, Femi Fani-Kayode, for trying to manipulate the public by spreading false information about the agency’s operations. The former minister had taken to his Twitter account (@realffk) on Tuesday, January 15, 2019 to allege that EFCC operatives had surrounded the home of the Chief Justice of Nigeria, Walter Onnoghen, to arrest him. He posted, “Why have the EFCC surrounded the home of CJN Onnoghen and why are they seeking to arrest him? These people want Nigeria to burn! “Buhari call off your dogs before it is too late! This is a democracy and not a gestapo state! In the name of God let this madness stop.” In a statement later released by the agency, it disclosed that its operatives were never around the CJN’s home, a claim that has been confirmed by the CJN’s media office. The anti-graft agency said, “This is not only a figment of the imagination of the purveyor of the fake news, but an evil machination by the creator and carriers of the news aimed at creating anarchy in the country. “For the record, the EFCC never went to the house of the CJN for arrest neither was invitation extended to him.” The EFCC named Fani-Kayode as “one of the architect of the fake news” and urged him to be ready to defend his actions in the court of law as it will file a libel suit against him “without further delay”. Another person of interest named in the statement was Yinka Odumakin, an Afenifere chieftain, who made a video to reinforce Fani-Kayode’s claim that has proven to be false. The agency is set to sue him, too. Doosuur Iwambe –Abuja