Court stops Edo govt from arresting Oshiomole over fraud indictment

The Federal High Court in Abuja on Monday stopped the Edo State Government from acting on the report of the state’s Judicial Commission of Inquiry which indicted the National Chairman of the All Progressives Congress, Adams Oshiomhole, for corruption by issuing an interim restraining order.

Justice Ahmed Mohammed, in a ruling on an ex parte application filed on May 27, 2020 by Oshiomhole, asked parties not to take any step including any plan to arrest the APC chairman.

He ordered the respondents to the suit, including the Edo State Government, the governor, the Inspector-General of Police and the Department of State Service, not to take any action until the court would decide whether or not it has jurisdiction to entertain the APC chairman’s suit.

The Judicial Commission of Inquiry, led by Justice James Oyomire (retd.), was set up by the Edo State Government to investigate and make recommendations over the construction of the Edo Specialist Hospital and supply of equipment for the hospital during the tenure of Oshiomhole as the governor of the state.

The commission in its report in May indicted Oshiomhole’s administration for breach of the state’s Public Procurement Law.

As part of the eight recommendations contained in the white paper which the statement government issued on the strength of the report, the JCI urged the Ministry of Justice to institute civil and criminal actions against those found culpable in the breach of the law.

But Oshiomhole had, in an ex parte application, through his lawyer, Mr West Idahosa, sought among others, an order of interim injunction restraining the state government, the governor, the state’s Attorney-General and Commissioner for Justice, the Inspector-General of Police and the Department of State Services “from giving effect to the report submitted by the 4th respondent (Justice Oyomire)”.

It also sought an order of interim injunction restraining the IG and the DSS or any security agency from arresting or harassing the applicant in any manner whatsoever on account of the report submitted by the JCI.

None of the respondents was expected in court on Monday because the scheduled hearing was for Oshiomhole’s ex parte application which does not involve the adverse parties, but the Edo State Government, which apparently got wind of the proceedings ahead, had rushed to file a preliminary objection.

The state government’s preliminary objection was filed through its lawyer, Mr Alex Ejeiseme (SAN), who opposed the hearing of the ex parte application on the grounds that the court lacked jurisdiction to entertain it.

Justice Mohammed, however, ordered the respondents in the matter to stay action in respect of the case pending the determination of the issue of jurisdiction.

“An interim order is hereby made restraining the prosecution of the applicant pursuant to the report submitted to the 1st to 3rd respondents or any white paper, pending the determination of the issue of jurisdiction raised in the 1st to 4th respondents notice preliminary objection,” the judge ruled.

The judge directed Oshiomhole’s lawyer to, within 48 hours, serve all the respondents the processes he had filed in the case.

He then adjourned the matter till June 17, 2020.

Oshiomhole, who is the immediate-past governor of the state, was instrumental to the emergence of Obaseki as the governor of the state in November 2016.

The relationship between the duo had recently become acrimonious.