Tuesday, October 4, 2022

Court orders EFCC, SSS, others to suspend planned probe on Saraki

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Rayyan Alhassan
Rayyan Alhassanhttps://dailynigerian.com/author/rayyan/
Rayyan Alhassan is a graduate of Journalism and Mass Communication at Sikkim Manipal University, Ghana. He is the acting Managing Editor at the Daily Nigerian newspaper, a position he has held for the past 3 years. He can be reached via [email protected], or www.facebook.com/RayyanAlhassan, or @Rayyan88 on Twitter.
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Federal High Court in Abuja has the Economic and Financial Crimes Commission, EFCC, The Department of State Security Services, SSS, and three other law enforcement agencies to put on hold their planned probe on Senate President Bukola Saraki.

Others affected by the restraining order are the Inspector General of Police, IGP, the Independent Corrupt Practices and other related offences Commission, ICPC, and the Code of Conduct Tribunal, CCT.

Justice Taiwo, who gave the ruling on Tuesday, based his judgement on the two ex-parte motions filed by Mr Saraki with two fundamental rights enforcement applications, marked: FHC/ABJ/CS/507/2019 and FHC/ABJ/CS/508/2019.

According to Mr Taiwo, the verdict are to subsist pending the hearing and conclusion of the two fundamental rights suits by Mr Saraki.

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Earlier, Saraki’s lawyer, Sunday Onubi, arguing told the court that the respondents would cause irreparable damages to the applicant’s rights if not restrained before the substantive suits were heard.

Mr Onubi prayed the court that, “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.”

He said the motion was supported by 37 paragraphs affidavit, deposed to by the applicant (Saraki), with four exhibits attached, marked ABS 1, to ABS 4

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Justice Taiwo in his ruling said: “There is no doubt that the Fundamental Rights Enforcement Procedure Rules 2009 is a special proceeding with its stated rules and procedure.

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“By the provision of Order 4(3) of the Fundamental Rights-Civil Procedure Rules, 2009, the court may, if satisfied that hardship may be caused to the applicant 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 the exercise of its discretion judicially and judiciously applied by the law and statues.

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“Here comes in the rules and of course, the Constitution of the Federal Republic of Nigeria.

“One of the considerations, which is paramount, is the hardship the applicant may go through, between the service of the processes and the hearing of the main motion, amongst others.

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