Court stops EFCC, DSS, police from arresting Fani Kayode, Odumakin

Andrew Orolua, Abuja

The Federal High Court in Abuja has restrained the Economic and Financial Crimes Commission (EFCC), Department of State Services (DSS) and the police from arresting or detaining former Aviation Minister, Femi Fani – Kayode and the Publicity Secretary of Afenifere Renewal Group, Yinka Odumakin for allegedly spreading false rumours.

The decision was sequel to a fundamental rights enforcement suit filed by Fani -Kayode and Odumakin following threats by the EFCC to invite them in relation to their alleged involvement in spreading false rumours about a purported invasion of the residence of the suspended Chief Justice of Nigeria, Justice Walter Onnoghen by EFCC officials.

In the suit filed and argued by their counsel, Chukwuma-Machukwu Ume (SAN), Fani – Kayode and Odumakin prayed the court for among others, an order of perpetual injunction restraining the respondents, by themselves, agents, privies or anybody deriving authority from them by whatever name called, from harassing, intimidating, abducting or detaining them.

The suit was supported by a 24 paragraph affidavit deposed to by Emmanuel Olorunmagba stating the events that led to the suit.

Justice John Tsoho, who issued the order in his judgment on the suit, however, held that any arrest or detention of Fani – Kayode and Odumakin by the respondents must comply with due process.

The court further declared that the respondents’ public declaration to arrest the applicants on the basis of spreading false rumours is an infringement of their rights and a breach of their fundamental rights enshrined in Section 34 (a) 35 (1) (4) and (5) of the 1999 Constitution.

In addition, the court also declared that the threat to falsely imprison their liberty, safety, peace and security was a breach of their rights enshrined in Section 34 (a), 35 (1) (4) and (5) of the 1999 Constitution.

Justice Tsoho also granted an order of perpetual injunction restraining the respondents, by themselves, agents, privies, or anybody deriving authority from harassing, intimidating, arresting, abducting or detaining the applicants.

The court granted an order enforcing the applicants’ fundamental rights and ordering the respondents to stop issuing threat of unlawful arrest, by themselves, agents, privies, or anybody deriving authority against the applicants or any other person connected to the applicants.

However, Justice Tsoho rejected the applicants’ prayer for an order directing the respondents to tender unreserved apology to them and equally, declined their request for an award of N20 million as damages.

The judge however, held that since Section 46 of the constitution allows the filing of anticipatory suit where an individual suspects’ that his or her rights were about to be breached, he was convinced that there was threat to violate the applicants’ rights.

The judge noted that the way the EFCC went about publishing its threat to invite the applicants and the intemperate language deployed in the press release authored by Orilade Tony on its behalf, he was “convinced that the applicants established a cause of action and the likelihood of their rights being breached.”