Justice Donatus Okorowo of the Federal High Court in Abuja, on Monday, restrained the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) from detaining former Zamfara State Governor, Senator Abdul’aziz Yari, pending the hearing and determination of the motion on notice.
Yari had filed the suit in order to prevent the EFCC, ICPC, DSS from arresting and detaining him, thereby stopping him from contesting the Senate Presidency on June 13.
Justice Okorowo, who gave the order in a ruling he delivered on an ex-parte application moved by a former Attorney-General of the Federation (AGF) and Minister of Justice, Mr Michael Aondoakaa, on Yari’s behalf.
The judge aalso stopped the Department of State Services DSS) from detaining the senator-elect.
Justice Okorowo further ordered the EFCC, ICPC and DSS to show cause on the next adjourned date on why the prayers sought by Yari on the ex-parte application should not be granted.
The judge said, “The respondents (EFCC, ICPC, DSS) are however restrained from detaining the applicant until the return date for the order to show cause.”
Justice Okorowo consequently adjourned the matter till June 8 for further hearing of the matter.
Yari had through his team of lawyers which include Abdul Kohol but led by Mr Aondoakaa, filed the ex-parte motion marked: FHC/ANJ/CS/785/23.
In the application dated and filed on June 2, Yari had filed the legal action against the EFCC, ICPC and DSS.
Yari also prayed the court for an order, restraining the respondents and their agents from arresting and/or threatening to arrest and detain him in order to prevent him from participating at the Proclamation of the 10th Senate by President Bola Tinubu on June 13.
Yari, who anchored his application on 15 grounds on why the application should be granted, claimed that he was desirous of contesting the position of Senate President of the 10th National Assembly in accordance with the 1999 Constitution (as amended), and pursuant to the Senate Standing Orders 2022 as (amended).
He also claimed that his aspiration to contest the position of Senate President had received overwhelming support from the general public and amongst distinguished senators-elect irrespective of party affiliations.
Yari further claimed that the support which he 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 EFCC, ICPC, DSS and their agents to harass and threaten to arrest and detain him on trumped-up charges for the period leading to the First Sitting of the Senate when nominations and election of presiding officers shall be constituted.
Aondoakaa said, “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.”
According to Aondoakaa , “If the order was not given, his rights would have been breached by the respondents.”
