A Federal High Court, Abuja, on Monday, restrained the Economic and Financial Crimes Commission (EFCC) and Independent Corrupt Practises and Other Related Offences Commission (ICPC) from detaining Senator Abdulaziz Yari pending the hearing and determination of the motion on notice.
The Department of State Services (DSS) was prevented from detaining the senator-elect by Justice Donatus Okorowo, who issued the order in a ruling on an ex-parte motion brought by Michael Aondoaaa on behalf of Yari.
As a result, Justice Okorowo ordered the respondents (EFCC, ICPC, and DSS) to provide justification at the upcoming adjourned date as to why the prayers requested in 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 court consequently adjourned the matter until June 8 for the respondents to show cause.
It was reported that Yari, the former Zamfara governor, had, through his team of lawyers, which includes Abdul Kohol but is led by Mr. Aondoaaa, filed the ex-parte motion marked: FHC/ANJ/CS/785/23.
Yari named the EFCC, ICPC, and DSS as the first through third defendants in a motion dated and filed on June 2.
In order to prevent him from taking part in the Federal Republic of Nigeria President’s June 13 proclamation of the 10th Senate, the former governor asked the court for an order prohibiting the respondents, their officials, whosoever and however described, from arresting and/or threatening to arrest and detain him.
Asserting his desire to run for president of the Senate of the 10th National Assembly in accordance with the 1999 Constitution (as amended) and the Senate Standing Orders 2022 (as amended), Yari provided 15 reasons why the application should be approved.
He claimed that the public and distinguished senators-elect, regardless of party affiliation, had overwhelmingly supported his bid to become the next president of the Senate.
He stated that the applicant’s continued cross-party support has alarmed some members of his political party, the APC, who have allegedly resorted to harassing and threatening to arrest and detain the applicant on trumped-up charges in the run-up to the Senate’s first sitting when nominations and the election of presiding officers will take place.
“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 required to operate within the scope of their establishment laws and to respect the Applicant’s fundamental human rights as enshrined in the Constitution,” he said.
Yari claimed that if the order had not been issued, the respondents would have violated his rights.