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Court Stops EFCC, ICPC, DSS from Probing Saraki
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The Federal High Court in Abuja on Tuesday restrained the Economic and Financial Crimes Commission and other agencies involved in the probe of Senate President Bukola Saraki over corruption allegations.
Saraki on Friday filed two separate fundamental rights enforcement suits before the court to challenge the decision of the EFCC to seize his houses.
Ruling on an ex parte application filed along with the substantive suit by Saraki, Justice Taiwo Taiwo, on Tuesday ordered the anti-corruption body and the other five respondents to the suit to stay action on the probe pending the hearing and determination of the motion on notice filed by the applicant.
The judge made the order after hearing Saraki’s lawyer Sunday Onubi, who moved the application.
The six respondents to the suit affected by the restraining order are the Attorney General of the Federation, Mr Abubakar Malami (SAN), Department of State Services, Inspector-General of Police, Muhammed Adamu, EFCC, Independent Corrupt Practices and other related offences Commission and Code of Conduct Tribunal.
In a ruling delivered by the judge on returning to the courtroom after taking about 45 minutes to prepare it in his chambers, the court likened the restraining order issued on Tuesday to an order directing the parties to the suit to maintain the status quo in respect of the probe.
Ordering them to suspend the probe, Justice Taiwo said he granted Saraki’s prayers to avert a situation where the court would be faced with a situation of fait accompli.
He added that granting the order was in line with a settled principled of law that once a suit was filed, all parties to it must refrain from taking any action capable of rendering the suit nugatory.
According to him, the order amounts to an order directing the parties to maintain the status quo.
He added that the law allows such an application to be granted in a situation where the applicant would likely face “hardship” between the time of serving processes in the suit on the respondents and hearing and determination of the suit.
He ruled, “There is no doubt that the Fundamental Rights Enforcement Procedure Rules 2009 is a special proceeding with its stated rules and procedure.
“By the provision of Order 4(3) of the Fundamental Rights Civil Procedure Rules, 2009, the court may, if satisfied that the applicant may be caused hardship 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 its exercise of its discretion judicially and judiciously applied by the law and statues.
“Here comes in the rules and of course Constitution of the Federal Republic of Nigeria.”
He added, “I am of the view, after due consideration of the aforesaid averment, that this court ought to make the order being sought by the applicant pending the hearing and determination of the originating motion on notice.
“To do otherwise and not to restrain the respondents by asking them not to stay action will result in the court being faced with a fait accompli.”
The judge made the same set of orders in the two separate suits marked FHC/ABJ/CS/507/2019 and FHC/ABJ/CS/508/2019, filed by Saraki, which were separately argued and ruled upon on Tuesday.
Justice Taiwo then directed the applicant to serve the court processes on the six respondents who he also directed to file their response within five days of being served.
He adjourned further hearing till May 23, 2019 when the respondents will have an opportunity to challenge the ex parte order by arguing their objection to Saraki’s motion on notice.
The Punch
Headlines
Abiola Cannot Be Recognised As Former President; He Was Never Sworn-in – Gen Ishola Williams
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By Eric Elezuo
One of the prime actors of the June 12, 1993 incidents, General Ishola Williams, has said that much as Chief MKO Abiola wrong was created having won the election, and denied victory, he cannot be recognized as a former President of Nigeria.
Gen Williams made his revelation while speaking as a guest on Channels television socio-political programme, Inside Source.
He maintained that only those who were sworn in that recognised as former presidents, and Abiola was never sworn in.
“Abiola cannot be recognised as former president because he was never sworn in.
The General, who said that he resigned from the army as a result of the wholesome reception given to General Sani Abacha, when he overthrew Chief Ernest Shonekan-led Interim National Government, contrary to expectation, also picked flaws in the narratives given by former Military President Ibrahim Babangida, in his recently launched book, A Journey In Service.
Williams rose in the army to become the Commandant of Army Signals, Commander of Training and Doctrine (TRADOC) and Chief of Defence Training and Planning, from where he resigned.
Headlines
Breaking: Supreme Court Recognises Martin Amaewhule As Rivers Assembly Speaker, Orders CBN to Stop Releasing Funds to State
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By Eric Elezuo
The Supreme Court of Nigeria has in its ruling on Friday recognised Hon Martins Amaewhule as the authentic speaker of the Rivers State House of Assembly, mandating him to urgently resume sitting with elected members of the assembly.
The apex court also ordered the Central Bank of Nigeria to stop releasing to the Rivers State government until a proper assembly is constituted.
Details soon…
Headlines
Obasa Storms Lagos Assembly with Armed Men, Claims He’s Still Speaker
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Tension escalated at the Lagos State House of Assembly on Thursday as impeached Speaker Mudashiru Obasa made a dramatic return to reclaim his position.
Accompanied by heavily armed men, Obasa stormed the Assembly complex in a bold move that has thrown the State’s legislature into turmoil.
In a stunning turn of events, security details assigned to the substantive Speaker, Rt. Hon. Mojisola Meranda, were abruptly withdrawn on Thursday morning, clearing the path for Obasa’s controversial comeback.
Sources revealed that the Inspector General of Police (IGP) ordered the withdrawal of all security operatives attached to Meranda, leaving her exposed in the midst of an intensifying power struggle.
The Speaker’s Special Adviser on Information, Mr. Victor Ganzallo, expressed concern over the security vacuum created by the withdrawal of personnel.
“In the early hours of Thursday, we woke up to the startling news that all security details assigned to Madam Speaker, Mojisola Meranda, had been withdrawn.
This includes the police and DSS officers, leaving her exposed to threats amid the ongoing speakership crisis,” Ganzallo stated.
He further called on Governor Babajide Sanwo-Olu, as the State’s Chief Security Officer, to intervene urgently to prevent a complete breakdown of law and order within the Assembly.
“The withdrawal of security personnel has left the Assembly naked and vulnerable at a critical time. Urgent action is needed to restore order,” he pleaded.
With the speakership battle taking a dramatic new turn, political watchers are keenly observing how the crisis will unfold in the coming days.