N255m armoured cars: Court refuses to stop Stella Oduah’s arrest

A Federal High Court in Abuja on Wednesday
dismissed an application by a former Minister of
Aviation, Stella Oduah, asking for an order to stop
the Economic and Financial Crimes Commission
and the police from arresting her with respect to
the ongoing investigation into corruption allegation
against her.
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 by
the Nigerian Civil Aviation Authority under her
watch as the aviation minister in 2013.
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 of
investigation.
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.”
Oduah had in the suit urged the court to declare
illegal the alleged plot by the respondents to arrest,
investigate and prosecute her in relation to her
activities while in office, particularly the
controversial two armoured vehicles purchased.
The purchase of the armoured vehicles by the
Nigerian Civil Aviation Authority while Oduah was
in office attracted public criticism over allegation
that the prices were inflated.
Oduah had argued that the criminal allegations
leveled against her as minister had been
investigated by the EFCC and the House of
Representatives’ Committee on Aviation, which
both absolved her of any wrong doing.
She had maintained that the investigation was
going to be used as tool for political persecution
against her.
She had urged the court to declare that, having
earlier been exonerated, any further investigation,
arrest, harassment and prosecution of her person in
relation to the same issue, amounted to the
invasion of her fundamental right to personal
liberty, freedom of movement and to be presumed
innocent until proved guilty.