10th NASS: Court stops EFCC, ICPC, DSS from detaining speakership aspirant
A Federal High Court in Abuja on Monday restrained the Economic and Financial Crimes Commission (EFCC) and Independent Corrupt Practices and Other Related Offenses Commission (ICPC) from detaining Sen. Abdul’aziz Yari pending the hearing and determination of the motion on notice.
Justice Donatus Okorowo, who gave the order in a ruling he delivered on an ex-parte motion moved by Michael Aondoaaa on Yari’s behalf, also stopped the Department of State Services (DSS) from detaining the senator-elect.
Justice Okorowo, hence, ordered the respondents (EFCC, ICPC, and DSS) to show cause in the next adjourned date on why the prayers sought on the motion ex-parte should not be granted.
“The respondents are, however, restrained from detaining the applicant until the return date for the order to show cause,” he ruled.
The court consequently adjourned the matter until June 8 for the respondents to show cause.
Supreme reports that Yari, the former Zamfara governor, had, through his team of lawyers, which includes Abdul Kohol but is led by Mr. Aondoaaa, filed the ex-parte motion marked: FHC/ANJ/CS/785/23.
In the motion dated and filed on June 2, Yari sued the EFCC, ICPC, and DSS as the 1st to 3rd defendants, respectively.
The former governor prayed the court for an order restraining the respondents and their officials, whosoever and howsoever described, from arresting and/or threatening to arrest and detain him in order to prevent him from participating in the Proclamation of the 10th Senate by the President of the Federal Republic of Nigeria on June 13.
Yari, who gave 15 grounds on why the application should be granted, averred that he was desirous of contesting the position of president of the Senate of the 10th National Assembly in accordance with the 1999 Constitution (as amended) and pursuant to the Senate Standing Orders 2022 (as amended).
He said his aspiration to contest the position of President of the Senate had received overwhelming support from the general public and amongst distinguished senators-elect, irrespective of party affiliations.
He said the support that the applicant has continued to garner across party lines has drawn consternation from some members of his political party, the APC, who have allegedly resorted to using the respondents and their agents to harass and threaten to arrest and detain the applicant on trumped-up charges for the period leading to the First Sitting of the Senate, when nominations and the election of presiding officers shall be constituted.
“The respondents and their agents have threatened to violate the applicant’s rights as enshrined in the constitution by unlawfully threatening to arrest and detain the applicant.
“The respondents and their agents are mandated to operate within the ambit of their establishment laws and to respect the fundamental human rights of the applicant as enshrined in the Constitution,” he said.
Yari said if the order had not been given, his rights would have been breached by the respondents.