21 December 2012

Nigeria: Ex-Governor Audu Asks Court to Stop EFCC From Arresting Him

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Former Governor Abubakar Audu.

Former Kogi State Governor Abubakar Audu has filed an application before an Abuja Federal High Court seeking to stop the Economic and Financial Crimes Commission (EFCC) from instituting a fresh legal action against him.

In documents filed by his lawyer Mike Ozekhome (SAN), the former governor is asking the court to stop the anti graft agency from commencing any fresh process of investigation or prosecution against him in respect of his tenure as governor between 1999 and 2003, since there is a pending 80-count charge against him at the High Court of Lokoja, Kogi State.

Audu is seeking a declaration that a letter from EFCC dated December 11 inviting him to interview one Kabiru A. Shehu on an undisclosed on-going investigation involving him (Audu), with a view to freshly arraigning him before a court in Abuja in the face of a pending charge initiated by the EFCC on the same issue amounts to a gross abuse of the process of court.

He is equally seeking declaration that he cannot legally be arraigned or prosecuted by EFCC or any other person or authority within the Federal Republic of Nigeria in respect of offences allegedly committed during his tenure as governor when there is a pending charge before a High Court in Lokoja.

The former governor also wants a declaration that the unlawful invasion of his residence on December 11 without any prior invitation and without a valid search warrant or warrant of arrest, under the guise of arresting him and the subsequent wide publicity accorded the invasion by EFCC in the media amounts to undue humiliation and invasion of his right to privacy.

He similarly wants the court to hold that the Supreme Court decision delivered on November 23 overruling his appeal did not effectively terminate his trial on the 80-count charge at the High Court in Lokoja.

Meanwhile, EFCC yesterday declared Audu wanted over alleged N4bn fraud

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