The Economic and Financial Crimes Commission has said it does not have immediate plans to arrest the former governor of Rivers State, Dr. Peter Odili, for alleged corrupt enrichment and money laundering.
A source in the commission spoke on Friday on the heels of a reported bid by the governor to get a restraining order against the EFCC. The order being sought is to stop the commission from prosecuting him over alleged offences during his tenure from May 29, 1999 to May 29, 2007.
Reacting to Odili’s moves, a highly placed source at the commission, who declined to be named because he is not the official spokesman, said, “We are not surprised at his latest action to stop the commission from arraigning him. If, indeed, he has gone to the courts to stop the commission, that shows his desperation.
The source observed that if the former governor sought and got an ex-parte injunction from the courts, then there would be no move by the commission to arrest him. “If he gets the injunction, we really can’t do anything about it. Of course, we can not arrest or prosecute him, lest it be said we are flouting court orders.”
When asked if the commission had any plan to arrest, the EFCC’s spokesman, Mr. Osita Nwajah, replied, “I don’t know.” Meanwhile, human rights activist, Mr. Femi Falana, said Odili’s action shows that he was afraid of arraignment by the EFCC and other relevant agencies.
Falana, who spoke on the phone with our correspondent, noted that though the governor’s application was not granted, “he believes that he is likely to be one of the next set of governors to be arraigned by the commission.” The lawyer explained that there was no connection between Odili’s application and what was sought by the former Governor of Abia State, Dr, Orji Uzor Kalu, before his arraignment recently.
According to him, “Kalu did not get a court order to stop the EFCC from prosecuting him as is widely believed by most people. What he got was an interim order for the enforcement of his fundamental human rights. However, as the courts have demonstrated, this is not a licence against minimal prosecution for corruption.”
The Federal High Court in Port Harcourt presided over by Justice Regina Nwodo did not sit on Friday as expected to hear the ex parte application filed by Odili against the EFCC and the Attorney-General of the Federation. Though no reason was given for the development, the matter was adjourned till October 15. Odili had gone to court through an ex parte application asking the court to forbid the EFCC from arresting or prosecuting him, pending the determination of his application. He is also asking the court to restrain the EFCC from publishing or disseminating the commission’s alleged investigative report on his tenure of office . But the court refused to grant the ex parte application and ordered Odili to put the EFCC on notice.
The Criminal Procedure Act Cap C41, Laws of the Federation of Nigeria 2004 (Volume 4), S.101 titled “Irregularity in summons, warrant, service or arrest,” states, “”When any accused person is before a magistrate, whether voluntarily, or upon summons, or after being apprehended with or without warrant or while in custody for the same or any other offence, the preliminary inquiry or trial may be held notwithstanding any irregularity, illegality, defect, or error in the summons or warrant, or the issuing, service, or execution of the same, and notwithstanding the want of any complaint upon oath, and notwithstanding any defect in the complaint, or any irregularity or illegality in the arrest or custody of the accused person.”
By Oscarline Onwuemenyi, Abuja and Tony Amokeodo
The Punch
Saturday, September 22, 2007
