May 21, 2015
/
By:
ofcounsel_admin/
- 0 Comments
/
- Law News
A Federal High Court sitting in Abuja has cleared the former Kwara State Governor, Senator Bukola Saraki of any wrongdoing in a bank loan being investigated by the Police Special Fraud Unit since 2012.
The clearance given to the former governor in court was based on a legal opinion by the Attorney General of the Federation and Minister of Justice that the allegations of wrongdoing against him were baseless and unfounded.
The legal opinion of the AGF was a response to the report submitted to him by the Inspector General of Police on Police findings in a complaint by Joy Petroleum Limited.
Trial judge, Justice Ahmed Mohammed in his judgment in the case by Saraki against the police for the enforcement of his fundamental human rights, stopped the Inspector General of Police, IG, from inviting or arresting him over the alleged bank loan.
The court also barred the agents of the IG especially the operatives in the Special Fraud Unit, SFU, from harassing, intimidating and breaching the fundamental rights of the former governor and his aides.
The court held that any attempt to commence any further interrogation of Saraki on an issue already declared closed by the AGF would amount to a breach of his fundamental rights.
Justice Mohammed said that it would be unfair for Saraki to be subjected to further interrogation by police having been cleared of any wrongdoing by the AGF in the report police submitted to the minister for legal advice.
The judge said that the court had no choice than to give effect to the legal opinion of the Minister of Justice that the complaints against Saraki were baseless, unfounded and not supported with any shred of documentary evidence since he has no link with Joy Petroleum Limited, the complainant.
The court also held that the police ought to have stopped any further harassment of Senator Saraki since the AGF had officially written to the IG to discontinue the matter.
The judge held: “In law, the court cannot rely on any averment that is not supported with even a faint documentary evidence. The failure of police to produce in court the provisional findings submitted to the Minister of Justice and the letter of the Minister to the Police indicates that the case was not favourable to the Police.”
All the three letters of invitation sent by Police to Saraki for further interrogation on the closed matter were quashed, and set aside by the court for having no effects whatsoever.
Saraki, had dragged the IG to court over series of letters of invitation extended to him to appear before the SFU for investigation on a bank loan resolved in his favour two years ago.
In the suit, Saraki complained of undue harassment and intimidation on the part of Police and sought for protection of his fundamental human rights to justice and fair-play.
Click here to read from source.