Justice James Tsoho of the Federal High Court, Abuja has temporarily restrained the Attorney-General of the Federation (AGF) Abubakar Malami (SAN), the Economic and Financial Crimes Commission (EFCC) and others from arresting Peoples Democratic Party’s National Secretary, Prof. Wale Oladipo.
Also affected by the judge’s order for the maintenance of status quo are the Independent Corrupt Practices and other related offences Commission (ICPC) , the Inspector-General of Police (IGP), Solomon Arase; and the Department of State Services (DSS).
The judge, upon a request lawyer to Oladipo, Ajibola Oluyede, directed parties in the fundamental right enforcement application by the PDP National Secretary to maintain status quo by sustaining the current situation until the determination of the case.
Justice Tsoho said the order was intended “to allay the fear being expressed by the applicant.”
He added that the respondents needed not to comply with his earlier order made ex-parte, requiring them to show cause why a restraining order earlier sought ex-part by the applicant should not be granted.
He directed the respondent to proceed to respond to the substantive application and adjourned to March 4 for hearing.
Oladipo had filed the suit on February 8 on the ground that he had received a text message on his mobile telephone from somebody, who claimed to be an operative of the Economic and Financial Crimes Commission (EFCC), attached to the Asset Tracing and Recovery Unit.
H added that the author of the message asked him to call a certain phone number contained in the message in order to reach somebody else who would give the date and time he was to report at the commission’s office in Abuja for an “interaction”.
Oladipo alleged that he was being which-hunted, harassed and intimidated on the basis of funds which he received from members of the PDP “without guilty knowledge”.
He is seeking among others, a perpetual injunction restraining the respondents from “the continued witch-hunt, harassment, intimidation and persecution of the applicant or threats by the respondents ostensibly on the basis of funds received by the applicant without guilty knowledge from members of his political party”.
Oladipo wants the court to declare any plan to arrest, investigate or “fabricate evidence” against him as “constituting prosecutorial misconduct, malicious process, and misfeasance in public office by the respondents”.
The applicant also wants the court to declare that the said acts “infringe unjustifiably and illegally upon the liberty, to be presumed innocent until proven guilty, to freedom of expression, association and movement”.
He also wants the court to declare that “the pursuit of any excuse whatsoever and fabrication of evidence to incarcerate or justify the incarceration of the applicant in order to decimate and disorganize the Peoples Democratic Party.”
He said his rights allegedly being threatened were “guaranteed and protected under sections 33, 34. 35, 36, 39, 40 and 41 of the Constitution as well as Articles 2,4,5,6,7,9,10,11,12 and 13 of the African Charter on Human and People Rights (Ratification and Enforcement) Act, Cap A9, Laws of the Federation of Nigeria.
Thursday, the AGF, EFCC and IGP were not represented by any lawyer.
Lawyers to the ICPC and the DSS denied any knowledge of plan to investigate or arrest the PDP national officer.
They also said they had not been served with all the necessary processes of the suit filed by the plaintiff.
The judge directed the plaintiff’s lawyer to serve all the respondents and adjourned till March 4 for hearing.
Thenation…..
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