5th June, 2023
A Federal High Court, Abuja, on Monday, restrained the Economic and Financial Crimes Commission (EFCC) and Independent Corrupt Practices and other related offences Commission (ICPC) from detaining Sen. Abdul’aziz Yari pending the hearing and determination of the motion on notice.
Justice Donatus Okorowo, who gave the order in a ruling he delivered on an ex-parte motion moved by Michael Aondoaaa on Yari’s behalf, also stopped the Department of State Services (DSS) from detaining the senator-elect.
Justice Okorowo, hence, ordered the the respondents (EFCC, ICPC, DSS) to show cause in the next adjourned date on why the prayers sought on the motion ex-parte should not be granted.
“The respondents are however restrained from detaining the applicant until the return date for the order to show cause,” he ruled.
The consequently adjourned the matter until June 8 for the respondents to show cause.
Yari, the former Zamfara governor, had though his team of lawyers which include Abdul Kohol but led by Mr Aondoaaa, filed the 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.
The former governor prayed the court for an order, restraining the respondents, their officials, whosoever and howsoever described from arresting and/or threatening to arrest and detain him in order to prevent him from participating at the Proclamation of the 10th Senate by the President of the Federal Republic of Nigeria on June 13.
Yari who gave 15 grounds on why the application should be granted, averred that he was desirous of contesting the position of the president of the Senate of the 10th National Assembly in accordance with the 1999 Constitution (as amended), and pursuant to the Senate Standing Orders 2022 as (amended).
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.
He said the support which the applicant has continued to garner across party lines has drawn consternation from some members of his political party, the APC who have allegedly 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.
“The respondents and their agents are mandated to operate within the ambit of their establishment laws, and to respect the 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.