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Court extends order stopping EFCC, others from detaining Yari

The Citizen by The Citizen
June 8 2023
in Financial Crimes
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APC Convention: I’m not aware Chairmanship is zoned to North-Central – Yari insists

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 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.

The development occurred 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 to file their responses to Yari’s motion.

Upon resumed hearing in the matter, Aondoaka informed that all the respondents had been served as directed by the court.

Ogbason, who acknowledged receipt of Yari’s processes on June 5, said they had yet to file their response.

“Therefore, we will be asking for a date since we are still within time to file my lord,” she said.

Corroborating Ogbason’s submission, Odogun, who said the ICPC was served on June 6, also sought an adjournment.

“In accordance with the rules of this court, we are still within time to file and we intend to show cause my lord,” she also said.

Aondoaka said though he was not opposing their intention to respond to his application, he said: “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.”

The senior lawyer also informed that there was proof of service of their application on the DSS, the 3rd defendant in the suit, though it was not represented in court.

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 in the next adjourned date.

The News Agency of Nigeria (NAN) reports that the 10th National Assembly will be inaugurated on June 13 after a proclamation by President Bola Tinubu.

Yari, the two-term ex-governor of Zamfara, had indicated interest to vie for the position of the Senate president of the 10th assembly.

Yari had, through his team of lawyers 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.

In the application, the former governor prayed the court for an order, restraining the respondents, their officials from arresting, detaining and preventing him from attending or participating at 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.

Yari said if the order was not given, his rights would have been breached by the respondents. (NAN)

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