A Federal High Court in Abuja on Friday struck out a suit by a former National Secretary of the Peoples Democratic Party, Prof. Wale Oladipo, seeking an order stopping the Economic and Financial Crimes Commission and other law enforcement agencies from arresting him.
He had filed the fundamental human rights enforcement suit on February 8, 2016, to stop his possible arrest with respect to the funds he received for the PDP’s presidential campaign for the last year’s election.
He had joined the Attorney-General of the Federation, the EFCC, the Independent Corrupt Practices and other related offences Commission, the Inspector-General of Police and the Department of State Service as the respondents to the suit.
Delivering judgment in the suit on Friday, Justice John Tsoho held that Oladipo failed to substantiate his fear that his rights were likely to be violated by his possible arrest by EFCC and other law enforcement agencies.
He held that no court would ever restrain any law enforcement agency from performing its constitutionally guaranteed power to arrest suspects and investigate crimes.
Justice Tsoho, earlier in the judgment, affirmed the court’s jurisdiction to hear the suit after dismissing the separate notices of preliminary objection filed by the AGF and ICPC.
But the court at the end ruled that “the applicant’s action totally fails and it is strcuk out”.
It held that there was no cogent or credible evidence to back suit.
Justice Tsoho ruled, “There is no credible evidence to justify the applicant’s assertions in his affidavit depositions.
“The applicant had essentially sought declarative reliefs in this suit without providing necessary evidence required to discharge the burden placed on him.
“The reliefs sought by the applicant basically aimed at restraining the respondents from performing their constitutional and statutory duties.