Like his former Abia State counterpart, Chief Orji Kalu, former governor of Rivers State, Dr. Peter Odili, has obtained a court order barring the Economic and Financial Crimes Comm-ission (EFCC) from prosecuting him for alleged corrupt practices while in office.
A Federal High Court in Port Harcourt, Rivers State, ordered the Attorney General of the Federation and Minister of Justice, Chief Michael Aond-oakaa, and EFCC not to arrest or detain Odili for the purpose of prosecution.
THISDAY gathered last night in Lagos that the order was given last week.
By this, the court has ordered EFCC or other any other government agency either jointly or severally through their agents and officials “not to arrest, detain, arraign for the purpose of prosecution” of the former governor pending the determination of the motion on notice.
The order was sequel to an ex-parte motion brought by the former governor following rumours that EFCC would arrest him any moment from now.
In the affidavit in support of the motion on notice filed on his behalf by one Ndudim Oreh, a legal practitioner based in Port Harcourt, Odili averred that about November 2006 and January 2007, the 2nd Respondent (EFCC), allegedly acting pursuant to its statutory powers, invited, arrested, denied and generally took steps that adversely affected the smooth running of the Government of Rivers State, under the Plaintiff/Applicant then.
He further claimed that bank records of the government were taken away and the account of the government frozen.
EFCC had earlier arrested and arraigned some immediate past ex-governors like Kalu, Chief Joshua Dariye (Plateau), Alhaji Saminu Turaki (Jigawa), Rev. Jolly Nyame (Taraba), Dr. Chimaroke Nnamani (Enugu) in court for alleged corrupt practices while in office.
Former Edo State governor, Chief Lucky Igbinedion, his ex-Delta State counterpart, Chief James Ibori and Odili were being touted as among the next set of former governors to be arraigned by EFCC.
However, the commission had earlier picked up some aides of the former Rivers State governor for interrogation.
But Kalu who had been arraigned, detained and admitted to bail by a Federal High Court in Abuja recently obtained an order of perpetual injunction from an Abia State High Court restraining EFCC from further arresting or detaining for the purpose of prosecution.
The Port Harcourt High Court also barred respondents in the suit from disseminating, publishing or circulating the report of the investigation carried out by EFCC, concerning the tenure of the plaintiff pending the determination of the substantive suit.
The court has adjourned the matter till today.
The court also ordered that the processes filed by the former governor be served on all the respondents.
It also ordered for an accelerated hearing of the motion on notice.
Odili had averred that in consequence of the situation then in Rivers State, the then Attorney-General and Commissioner for Justice of the state instituted a suit No. FHC/PHC/CSI78/2007: Attorney-General for Rivers State Vs the Economic and Financial Crimes Commission & 3 Others against the 2nd Respondent on record.
He claimed that in its judgment in the suit, after full hearing, the trial judge, Hon. Justice I. N. Buba of the Federal High Court, granted all the declaratory and injunctive reliefs sought by the Plaintiff/Applicant in that case, saying that the judge had, amongst other relief, held that the 2nd Respondent was not entitled to rely on, utilise or in any manner whatsoever put to any use any report, findings or conclusions produced or arrived at by the Respondent as a result of the purported investigation or inquiry into the appropriation, disbursing, administering or management of funds of Rivers State.
The former governor noted that shortly after handing over power to his successor, the 2nd Respondent announced to the whole world, the fact that he and some other governors, had some questions to answer, based upon the complaints received against them while in office, as well as on the basis of their investigations and findings.
Odili further averred that the 2nd Respondent shortly after demanded that all former governors should report to it, which he did and was questioned as to the alleged findings by the 2nd Respondent's operatives, concerning his activities as governor of Rivers State.
He said he answered their questions and was allowed to go and that shortly after that, some of his former colleagues, namely: - Dariye, Kalu, Nnamani and others had since been arrested and arraigned in various courts in the country for alleged financial crimes.