The Economic and Financial Crimes has told a Lagos High Court in Igbosere that it lacked the jurisdiction to restrain it from arresting the former Director- General of the Nigerian Stock Exchange, Prof Ndi Okereke-Onyiuke.



The anti-graft agency had also challenged the jurisdiction of the court, restraining it from arresting her.



The commission stated this in its preliminary objection, challenging the interim order of the court on the former NSE boss.



Justice Mojisola Obadina had on August 12 stopped the EFCC from harassing, embarrassing, intimidating or threatening to arrest and detain Okereke-Onyiuke.



When the case came up on Thursday before a vacation judge, Justice W.A.E. Ayo, lawyer to the EFCC, Mr. Godwin Obla, told the court that his client had filed a notice of preliminary objection against the order of the court.



According to him, the preliminary objection was brought pursuant to Order V111 Rule 1,2,4 and 5 of the Fundamental Human Rights Procedure Rules, 2009 .



He added that the court lacked the jurisdiction to make orders restraining the EFCC from performing its statutory duty of investigation, arrest and prosecution.



The EFCC also claimed that Nigeria courts lacked the competence and jurisdiction to base decisions on speculative, hypothetical or moot issues, saying that the materials provided by Okereke-Onyiuke did not disclose a cause of action against the commission.



It described the suit as speculative, vexatious and an abuse of the process of court.



Lawyer to Okereke-Onyiuke, Chief Robert Clarke (SAN), had earlier informed the court that all the respondents were served with court processes except the Commissioner of Police, Lagos State Command, Mr. Marvel Akpoyibo, who refused to accept them.



Clarke added that all efforts made by him, including writing a personal letter to the CP, proved abortive.



At this juncture, Justice Ayo directed that all the processes should be taken to the Legal Department of the Lagos State Police Command.



The court also consolidated the substantial application and the Notice of Preliminary Objection and adjourned the case till September 7.


http://www.punchng.com/Articl.aspx?theartic=Art201008203485140

Highway robbers might as well go to court to get a pernament injunction against the Nigerian Police, restraining them from arresting them. (robbers)

Are u a punch reporter . U have emptied todays paper on nairaland