October 06, 2016
Stella Oduah fails in bid to stop her N255m Armoured Car trial
Oduah had filed the fundamental rights enforcement suit, asking the court to prohibit the Attorney-General of the Federation’s office, the EFCC, and the police from “inviting, arresting, investigating or prosecuting” her over the purchase of two armoured BMW vehicles at the cost of N255m.
Justice Abdu Kafarati in his judgment on Wednesday upheld the objection raised by the respondents, to the effect that the court lacked the requisite jurisdiction to hear the case.
He held that that no court had the power to stop security agencies from carrying out their duty.
He said, “It is not grantable by this court because the court cannot stop security agencies from carrying out their duties. There is no way a person can be investigated without being invited by the body charged with the responsibility of investigation.
“In most cases, the invitation is even in the interest of the invitee because he or she will have the opportunity of giving his or her side of the story.
“I therefore hold that the application seeking to stop security agencies from inviting, investigating, arresting and/or prosecuting any person suspected to have committed an offence does not constitute a fundamental right action.”