Court restrains EFCC, ICPC, DSS CCT, others from probing Saraki
A Federal High Court in Abuja has restrained the Economic and Financial Crimes Commission (EFCC), the Inspector-General of Police (IGP),Department of State Services (DSS), the Independent Corrupt Practices and other related offences Commission (ICPC) and the Code of Conduct Tribunal (CCT) nvolved in the probe of Senate President Bukola Saraki over corruption allegations.
Justice Taiwo gave the orders in two rulings delivered two ex-parte motions filed by Saraki along with two fundamental rights enforcement applications, marked: FHC/ABJ/CS/507/2019 and FHC/ABJ/CS/508/2019.
The orders, according to the judge, are to subsist pending the hearing and conclusion of the two fundamental righst suits by Saraki.
The six respondents to the suit affected by the restraining order are the Attorney General of the Federation, Mr Abubakar Malami (SAN), Department of State Services, Inspector-General of Police, Muhammed Adamu, EFCC, Independent Corrupt Practices and other related offences Commission and Code of Conduct Tribunal.
Arguing the ex-parte motions, Saraki’s lawyer, Sunday Onubi, said unless restrained, the respondents would cause irreparable damages to the applicant’s rights before the substantive suits were heard.
Onubi prayed the court “for an order directing the respondents, by themselves, their servants, agents, privies or officers to stay all actions in connection with the subject matter of this suit, pending the hearing and determination of the originating motion on notice.”
According to him, the order amounts to an order directing the parties to maintain the status quo.
He added that the law allows such an application to be granted in a situation where the applicant would likely face “hardship” between the time of serving processes in the suit on the respondents and hearing and determination of the suit.
“By the provision of Order 4(3) of the Fundamental Rights Civil Procedure Rules, 2009, the court may, if satisfied that the applicant may be caused hardship before the service of an application where liberty or life of the applicant is involved hear the application ex parte upon such interim reliefs as the justice of the application may demand.
“There is no doubt that in making the interim reliefs or orders, the court is guided even in its exercise of its discretion judicially and judiciously applied by the law and statues. “The hearing is fixed for May 23”, the judge said.