Femi Fani-Kayode |
An Abuja High Court has issued an order restraining the Department of State Services (DSS) and the Nigeria Police from arresting or detaining former
Aviation minister, Femi Fani-Kayode, and Afenifere spokesman, Yinka
Odumakin.
According to the News Agency Of Nigeria, NAN, the order was issued by
Justice John Tsoho, on Monday, following an ex parte application argued
by Mr Chukwuma Machukwu-Ume SAN on behalf of the duo.
Machukwu-Ume told the court that three security agencies were
planning to arrest and detain his clients over comments they made with
regard to the travails of the Chief Justice of Nigeria, Justice Walter
Onnoghen.
He said, “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.
“He said they are doing everything possible to arrest these two gentlemen just for speaking their minds.
“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 had gone into hiding for
fear of being arrested for merely expressing their freedom of speech,
alleging that the lives of their family members had also been affected
by the alleged threat.
Machukwu-Ume 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 Rules 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.
Justice Tsoho said that he was satisfied 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 the court’s intervention.
“Accordingly, the respondents are restrained from either arresting or
detaining the applicants on grounds of the applicants’ public statements
pending the determination of the application on notice,” the judge
ruled.
The judge then adjourned the matter until February 4.
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