Court restrains EFCC, ICPC, DSS from detaining former APC governor


A Federal High Court in Abuja has issued a restraining order against the Economic and Financial Crimes Commission (EFCC), the Department of State Services (DSS), and the Independent Corrupt Practises and other related Offences Commission (ICPC) from detaining Senator Abdul’aziz Yari, the former Governor of Zamfara State.


In a recent development, Justice Donatus Okorowo has issued an order on Monday, ruling on an ex-parte motion that was filed and argued for Yari by his lawyer, Michael Aondoaka, (SAN).



In a recent court ruling, Justice Okorowo has ordered that the restraining order should remain in effect until the motion has been heard and determined. The respondents, which include the EFCC, ICPC, and DSS, have been directed to provide a reason as to why the prayers sought on the motion ex-parte should not be granted by the next adjourned date.



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According to the judge, the respondents have been instructed to refrain from detaining the applicant until the order to show cause is returned. The case has been adjourned until June 8.


In a legal move marked as FHC/ANJ/CS/785/2023, Yari has filed an ex-parte motion seeking the court’s intervention to prevent the respondents and their agents from detaining or arresting him. The motion aims to enable Yari to attend and participate in the proclamation of the 10th Senate by the President of the Federal Republic of Nigeria on June 13. Yari has requested the court to restrain the respondents until the hearing and determination of his motion on notice.


In a bid to contest the position of the President of the Senate of the 10th National Assembly, former Governor of Zamfara State, Abdulaziz Yari, has presented 15 grounds in support of his prayer. Yari, who cited the 1999 Constitution (as amended) and the Senate Standing Orders 2022 (as amended), expressed his desire to run for the position.


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According to the individual in question, there has been a surge of support from both the general public and notable senators-elect, regardless of political party affiliations, for his bid to run for the position of Senate President.

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According to Yari, his cross-party support has caused concern among certain members of his political party, the All Progressives’ Congress (). These members have reportedly resorted to using respondents and their agents to intimidate and threaten Yari with false charges in order to detain him until the first Senate sitting, during which presiding officers will be nominated and elected.


According to the applicant, there have been threats made by the respondents and their agents to infringe upon the applicant’s constitutional rights. Specifically, they have allegedly threatened to arrest and detain the applicant without a warrant of arrest and without providing written reasons for the arrest and detention. This is said to be in effect until the First Sitting of the 10th Senate of the Federal Republic of Nigeria on June 13, 2023.

In a recent development, it has been reported that the applicant’s fundamental human rights, as protected under Section 34 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), were allegedly violated by the respondents and their agents. The applicant claims that he was threatened with arrest and detention incommunicado, with the intention of preventing him from being nominated and elected as the President of the Senate of the Federal Republic of Nigeria, both before and after the First Sitting of the 10 National Assembly.


According to the speaker, it is required that both the respondents and their agents adhere to their establishment laws and uphold the Applicant’s fundamental human rights as stated in the Constitution.

The former Governor has made a statement claiming that if his prayer is not answered, he believes his rights will have been violated by the respondents.

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