June 08, (THEWILL) – A Federal High Court in Abuja has extended the order restraining the Economic and Financial Crimes Commission (EFCC), Independent Corrupt Practices and other related offences Commission (ICPC), and Department of State Services (DSS) from arresting and detaining Sen. Abdul’aziz Yari.
Justice Donatus Okorowo extended the order on Thursday, after Yari’s counsel, Michael Aondoaka (SAN), made an oral application to the effect.
Aondoaka prayed the court for an extension order following a plea for an adjournment moved by the lawyer to the EFCC, Gloria Ogbason, and her counterpart representing the ICPC, Kemi Odogun, to enable them file their responses to Yari’s motion.
“We will only be asking for an order extending the order made on June 5 because the order was given by the court to abridge the time to show cause,” he said.
Obasun and Odogun did not object to Aondoaka’s application for an extension of the order.
Justice Okorowo, who adjourned the matter until June 27, barred the EFCC, ICPC and DSS from detaining Yari until they appear to show cause on the next adjourned date.
Yari, a former governor of Zamfara State had, through his team of lawyers led by Aondoaka, filed an ex-parte motion marked: FHC/ANJ/CS/785/23.
In the motion dated and filed on June 2, Yari sued the EFCC, ICPC and DSS as 1st to 3rd defendants respectively.
In the application, the former governor prayed the court for an order restraining the respondents and their officials from arresting, detaining and preventing him from attending or participating in the Proclamation of the 10th Senate by the President of the Federal Republic of Nigeria on June 13 pending the hearing and determination of his motion on notice.
In a 15-ground argument given by the Senator-elect, he said his aspiration to contest the position of President of the Senate had received overwhelming support from the general public and amongst distinguished Senators-elect irrespective of party affiliations.
According to him, the support, which the applicant has continued to garner across party lines, has drawn consternation from some members of his political party, the All Progressives Congress (APC).
The party, he alleged, has resorted to using the respondents and their agents to harass and threaten to arrest and detain the applicant 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.
“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 up to the period of the First Sitting of the 10th Senate of the Federal Republic of Nigeria on the 13th June, 2023, without a warrant of arrest and informing him in writing the reasons for the arrest and detention.
“The respondents and their agents violated the applicant’s fundamental human rights of the Applicant as enshrined in the Constitution,” he said.
Yari said if the order was not given, his rights would have been breached by the respondents.
