By IKECHUKWU NNOCHIRI
ABUJA—The former Governor of Kwara State, Senator Bukola Saraki, yesterday, withdrew the application he filed before a Federal High Court in Abuja with a view to stopping the Special Fraud Unit of the Nigerian Police Force from arresting him over his alleged involvement in an N21billion loan scam.
ABUJA—The former Governor of Kwara State, Senator Bukola Saraki, yesterday, withdrew the application he filed before a Federal High Court in Abuja with a view to stopping the Special Fraud Unit of the Nigerian Police Force from arresting him over his alleged involvement in an N21billion loan scam.
Presiding Justice Gladys Olotu, struck out the application after Saraki who is currently representing Kwara Central Senatorial District, told the court that the suit has been overtaken by events.
Nevertheless, he persuaded the court to set-aside the warrant of arrest Police earlier secured against him, decrying that the security agency declared him wanted despite the pendency of his suit before the High Court.
Arguing through his counsel, Chief Rafiu Rabana, SAN, the embattled lawmaker, contended that Police over reached the powers of the court when it branded him a wanted man following an arrest warrant he said was okayed against him by a Lagos High Court.
Consequently, he urged Justice Olotu to not only reprimand the force, but to also declare that the action amounted to a gross abuse of the judicial process.
Meanwhile, though Police did not oppose Saraki’s bid to withdraw the suit, it however justified its action against him, saying it decided to declare him wanted after its investigations revealed that the lawmaker had perfected a subterranean plot to run out of the country in order to frustrate his planned interrogation.
Police lawyer, Mr Femi Falana, maintained that Saraki had no right to approach a court with a view to stopping the force from carrying out its statutory mandate, adding that it was even the lawmaker that abused the court process by attempting to stall investigation into his alleged complicity in a criminal act.
After listening to the parties yesterday, Justice Olotu acceded to the withdrawal request, though she castigated the police for failing to maintain status-quo in a matter pending before the court, even as she vacated the arrest warrant that was ab-initio issued against Saraki by the Lagos High Court.
Meantime, after the proceeding, police counsel, Falana, told newsmen that those indicted in the N21billion loan scam would be charged to court soon.
It will be recalled that police had in a letter dated April 3, 2012, entitled, “investigation activities, letter of invitation”, signed by the Commissioner of Police, Special Fraud Unit Lagos, Mr Tunde Ogunsakin, summoned the former governor to appear for interrogation over his alleged complicity in acts of fraud.
The said letter of invitation which was obtained by Vanguard, read: “This office is in receipt of and investigating a case of Conspiracy, Forgery and Stealing the sum of N21bn (Twenty–One Billion Naira) belonging to Joy Petroleum Ltd. The investigation has reached an advanced stage and is expected to be concluded soon.
“With due respect, I humbly wish to request the pleasure of his distinguish to consider this letter as an invitation to this office with the aim of assisting our investigation.
“It would be appreciated if his Excellency can make himself available on Thursday, 5th April 2012 at 1200hrs at Special Fraud Unit, Sunday Adewusi House, 13, Milverton Road, Ikoyi-Lagos. Accept our esteem regards, please.”
However, rather than honour the invitation, Saraki, went before the Abuja high court with a view to securing an order that will stop Police from questioning, arresting of harassing him over the said allegation.
In his motion ex-parte, Saraki, urged the court to among other things, determine “whether it is not a violation of the plaintiff’s right under section 34(a) and section 35 of the constitution of the Federal Republic of Nigeria 1999 (as amended) for the Defendant to invite the plaintiff to appear before the police without any allegations and or accusations specifically made against him
as well as, “Whether the letter of 3rd April 2012 written by the agent of the defendant to the plaintiff can be complied with by the plaintiff, in the absence of any specific allegations made against the plaintiff.”
Moreover, he beseeched the court for a “declaration that the defendant or any of its agent and or officers can not invite the plaintiff to appear before it in any investigation of any matter in which no allegations have been made against the plaintiff or disclosed to the plaintiff.
Likewise to make “an order setting aside the letter of 3rd April 2012 reference No CR 3000/S/SFU/ADM/CEMN.3/VOL13/54 written by the agent of the defendant to the plaintiff, and issue order of perpetual injunction restraining the defendant, its agents and officers from acting in any way or manner to the letter of 3rd April 2012.”
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