It is common knowledge that the police invade the homes of the poor to arrest them and take them to police stations where they are detained and charged with all manners of criminal offences in Nigerian courts. Usually, they are denied bail and locked up in correctional centres for years without trial. Even when they are granted bail they are unable to meet the onerous conditions attached to it as the sureties are required to be property owners.
Hence the correctional centres are peopled by not less than seventy percent of indigent suspects that are awaiting trial.But rich criminal suspects are usually invited by the anti-graft agencies to react to allegations of corruption and other economic crimes leveled against them. In many instances, top lawyers are hired by the highly placed suspects to rush to the either the federal high court or state high court to challenge the legality of the invitation letters.
Incorporated Trustees of the Forum for Accountability and Good Leadership v Attorney-General of the Federation & Ors A few days after the Federal High Court had thrown out the application for the arrest of Mr. Godwin Emefiele a non-governmental body, Incorporated Trustees of the Forum for Accountability and Good Leadership approached the High Court of the Federal Capital to stop his arrest, investigation and prosecution. In granting the application the presiding Judge, Justice M.A.
With respect, the creeping order of the Honourable Justice Hassan has generated a needless controversy. In fairness to her Ladyship, she made it clear that the order could be varied by “an order of a Superior Court.” In Nzewi v. Commissioner of Police 2 HRLRA 157, a similar situation had arisen. In explaining the purport of the order restraining the police from arresting the Applicants, Ajakaiye J.
It is therefore submitted, without any fear of contradiction, that no Nigerian Court has the power to restrain the police, anti-graft agencies and other security bodies from arresting, investigating and prosecuting any person indicted in the investigation of a criminal offence in Nigeria.
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