Court Refuses Nyako’s Application to Stop Arrest

A Federal High Court in Abuja has refused an ex-parte application by former Adamawa State Governor, Murtala Nyako, to restrain the Inspector General of Police (IG), the Department of State Services (DSS) and the Economic and Financial Crimes Commission (EFCC) from arresting him.

Nyako had applied for an interim injunction to stop the defendants from arresting or detaining him over a case of alleged financial malpractices for which he suspected either the IG, DSS or EFCC may arrest and prosecute him.

His lawyer, O. E. Ogungbeje, while moving the motion, had urged the court to restrain the IG, DSS and EFCC pending the determination of an origination motion he filed for the enforcement of Nyako’s fundamental rights.

In a ruling, Justice Ahmed Mohhammed refused the ex-governor’s prayer on the grounds that there was no sufficient reason for the court to restrain the IG, DSS and EFCC, listed as respondents in the suit marked: FHC/ABJ/CS/474/2015.
The judge said: “Having read through the supporting affidavit, particularly paragraphs 5 to 19 which contain facts relating to this case, this court is unable to accede to the request for order of interim injunction sought.”

He consequently ordered Nyako to put the respondents on notice by serving the processes on them.
Nyako was ordered  to serve the originating motion he filed on May 28 this year on the respondents within seven days from yesterday and adjourned to July 1 for hearing.
In the main suit, Nyako is seeking to among others, restrain the respondents from arresting or detaining him in relation to allegation of financial misconduct while in office as governor of Adamawa State.