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NEWS and REPORTS => Nigerian News => Topic started by: emezico on Jul 09, 2011, 11:40 AM

Title: Court restrains EFCC from arresting Okereke-Onyuike
Post by: emezico on Jul 09, 2011, 11:40 AM
Justice Ayotunde Phillips made a good remark. Security agencies must first establish reasonable suspicion and facts against a suspect before effecting his or her arrest, and they should learn from their counterparts abroad.

Justice Ayotunde Phillips of the Lagos High Court sitting in Igbosere Friday restrained the Economic and Financial Crimes Commission and the Inspector General of Police from arresting the former Director General of the Nigerian Stock Exchange (NSE) Prof. Ndi Okereke-Onyuike without first establishing that she has committed a crime.

Delivering judgment in the fundamental rights enforcement suit Okereke-Onyuike brought before the court, Justice Phillips held that it was imperative that security agencies must first establish reasonable suspicion against a suspect before effecting his or her arrest.

The judge who urged men of the nation's law enforcement agencies to learn from their counterparts abroad, also cautioned them against being in a hurry to arrest suspects when they were yet to complete investigation and arm themselves with enough facts and evidence to secure conviction.

The court struck out the preliminary objection filed against the suit by the EFCC on the grounds that it was defective since it was not endorsed by a legal practitioner as required under Order 6 Rule 2(3) of the Lagos High Court (Civil procedure) Rules 2004.

Thisday