Law News
Court refuses to stop EFCC, others from arresting Nyako

A Federal High Court in Abuja on Monday refused a prayer by a former Governor of Adamawa State, Murtala Nyako, seeking an order restraining the Economic and Financial Crimes Commission, the police and the Department of State Services from arresting him.

Nyako was reportedly quizzed by the EFCC for over eight hours on June 2, 2015 after he surrendered himself to the commission.

The governor had, by an ex-parte application, sought an interim injunction restraining the EFCC and other security agencies from detaining him in relation to a case of alleged financial malpractices.

He had instituted the suit following his apprehension that he could be arrested over the said allegations by the Inspector General of Police, Mr. Solomon Arase, or the DSS and prosecuted by the EFCC.

But instead of granting his prayers, Justice Ahmed Mohammed asked his lawyer, Mr. Olukoya Ogungbeje, to put the other parties on notice by serving the court processes on them.

Ogungbeje, while moving the motion, urged the court to restrain the respondents – the IGP, DSS and EFCC – from arresting him pending the determination of the main suit.

The fundamental human rights enforcement suit is marked, FHC/ABJ/CS/474/2015, was filed on May 28, 2015.

But in his ruling, Justice Mohammed refused the former governor’s prayer on the grounds that there was no sufficient reason for the court to restrain the respondents.

The judge ruled, “Having read through the supporting affidavit, particularly paragraphs 5 to 19 which contain facts relating to this case, this court is unable to accede to the request for order of interim injunction sought.”

He ordered Nyako to put the respondents on notice for the hearing of his application for an injunction.

The judge also ordered Nyako to serve the originating motion on the respondents within seven days.

He then adjourned the matter till July 1 for the hearing of the application.

Nyako is, by the substantive suit, seeking among other prayers, an order restraining the respondents from arresting or detaining him in relation to allegation of financial recklessness in violation of his fundamental human rights.

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