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Tuesday, March 12, 2019

Court Restrains EFCC, DSS From Arresting Fani-Kayode, Odumakin Without Due Process

The Federal High Court Abuja, on Tuesday, ordered the Economic and Financial Crimes Commission, (EFCC) not to arrest Femi Fani-Kayode and Yinka Odumakin without following appropriate due process of the law.

Ruling on a fundamental rights suit filed by the duo, Justice John Tsoho, maintained that such arrest by the EFCC, Department of State Services (DSS) or the Police, must be subject to processes being in accordance with provisions of the law.

Justice Tsoho also ordered that the EFCC’s public declaration to arrest Fani-Kayode and Odumakin on the basis of spreading false rumours was an infringement on their rights and a breach of their fundamental rights enshrined in Section 34(a) 35(1) (4) and (5) of the 1999 Constitution.


The judge further made an order enforcing Fani-Kayode and Odumakin’s fundamental rights and ordered the EFCC, the DSS and the Nigeria Police to stop issuing threats of unlawful arrest.

The court, however, declined to grant the prayer compelling the EFCC, DSS and Police from tendering an unreserved apology to the duo for infringing on their rights.

He also declined the prayer asking the security agencies to pay the sum of N20 million as damages for infringing on their rights.

Fani-Kayode, a former Minister of Aviation and Odumakin, the Spokesperson of Afenifere had sued the EFCC over an alleged plan to arrest them.

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