The Federal High Court Abuja, on Tuesday ordered the Economic and Financial Crimes Commission (EFCC) and other security agencies not to arrest Femi Fani-Kayode and Yinka Odumakin without following due process of the law.

Ruling on a fundamental rights suit filed by the duo, Justice John Tsoho maintained that such arrest by the EFCC, Department of State Services (DSS) or the Police must be subject to processes being in accordance with provisions of the law.

Justice Tsoho also ordered that the EFCC’s public declaration to arrest Fani-Kayode and Odumakin on the basis of spreading false rumours was an infringement on their rights and a breach of their fundamental rights as enshrined in Sections 34(a) 35(1) (4) and (5) of the 1999 Constitution.

The judge further made an order enforcing Fani-Kayode and Odumakin’s fundamental rights and ordered the EFCC, the DSS and the Nigeria Police to stop issuing threats of unlawful arrest.

While declining to grant the prayer compelling the EFCC, DSS and Police from tendering an unreserved apology to the duo for infringing on their rights, the Judge also declined the prayer asking the security agencies to pay the sum of ₦20 million as damages for infringing on their rights.

Fani-Kayode, a former Minister of Aviation and Odumakin, the Spokesperson of Afenifere, the apex Yoruba socio-cultural group had sued the EFCC over an alleged plan to arrest them.

In the suit, the applicants, through their counsel, Mr. Chukwuma Machukwu-Ume (SAN) had prayed the court to stop the security agencies from arresting them over alleged false information they spread.

They also prayed for an order compelling the respondents to tender an unreserved apology to them for the infringement of their fundamental rights and for describing them in a demeaning manner.

The applicants said they and their families were living in fear as to what might happen if these respondents were not restrained by the court as according to them, the EFCC was biased and its invitation, which they described as a disguised plan to incarcerate them and thwart the cause of justice.

Fani-Kayode had claimed that operatives from the anti-graft agency had surrounded the residence of the suspended Chief Justice of Nigeria, Walter Onnoghen while Odumakin shared a video to that effect.