Atika Balal
21 November 2008
The Federal High Court in Abuja yesterday ruled that the police and anti-graft agencies have the right to invite former Chairman of the Economic and Financial Crimes Commission (EFCC) Malam Nuhu Ribadu for investigation.
The court also granted Ribadu leave to enforce his fundamental human rights following a motion ex parte he filed seeking to stop the Nigerian Police and EFCC from inviting or arresting him pending the determination of the suit.
Ribadu, through his lawyer, Tayo Oyetibo is seeking a court declaration that EFCC, the Nigerian Police, and Attorney General of the Federation are not entitled by law to deprive him his fundamental rights to liberty and freedom of movement on account of his failure to honour an EFCC invitation in a letter dated October 23, which was communicated to him by the Inspector General of Police vide letter dated October 24.
Ribadu had also asked the court for an order restraining the EFCC and the Police from arresting or detaining him.
Presiding Judge and Chief Judge of the Federal High Court, Justice Mustapha Abdullahi said Ribadu must honour EFCC invitation, but he could come back to the court to enforce his fundamental human rights if arrested or detained by EFCC.
Ribadu in his application said he required knowing in advance the alleged fundamental issues that arose after he had left office so as to prepare in advance and to enable him decide whether or not to honour the invitation.
He said he had not committed any criminal offense that could warrant use of any coercive power to compel him to visit the EFCC office, adding that instead of availing him with the necessary details the EFCC threatened to arrest and detain him for failure to go to their office.
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