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A Judge of the Lagos High Court, Igbosere,
Ayotunde Philips, yesterday directed the Economic and Financial Crimes
Commission (EFCC) and the Nigeria Police to properly file their processes
before the court in the suit by sacked Director-General of the Nigerian Stock
Exchange (NSE), Ndi Okereke-Onyiuke.

Mrs Okereke-Onyiuke had filed a motion under the
Fundamental Rights (Enforcement Procedure) Rules 2009, praying the court for an
order of interim injunction restraining the respondents from violating any of
her rights pending the hearing and determination of the substantive
application.

At the resumed hearing of the suit, Robert
Clarke, a Senior Advocate of Nigeria and counsel to Mrs Okereke-Onyiuke,
indicated that his refusal to reply to the notice of preliminary objection
filed by the EFCC was because it was technically faulty. He said the anti-graft
agency did not comply with the Lagos State Civil Procedure Rules. While noting
the technical errors in the preliminary objection filed by the EFCC, Mrs
Philips ordered the parties in the suit to regularise their papers.
Consequently, she adjourned the case to November 9, 2010.

Action based on
speculation

The EFCC had challenged the jurisdiction of a
Lagos High Court restraining the agency from arresting sacked Mrs Ndi
Okereke-Onyiuke. According to the preliminary objection filed by the EFCC, the
court does not have the jurisdiction to make orders restraining the agency from
performing its statutory duty of investigation, arrest, and prosecution of
crime. Also, the counsel to the EFCC, Godwin Obla, maintained that courts of
laws in Nigeria do not have the competence and jurisdiction to base decisions
on speculative, hypothetical or moot issues, arguing that the materials
provided by the applicant did not disclose a cause of action against the
Commission. The EFCC described the suit as “speculative, vexatious and abuse of
the process of court.”

Mrs Okereke-Onyiuke had, in the motion, argued, among others, that since her
removal on August 5, 2010, unknown persons both in mufti and uniform, strange
vehicles, either of the EFCC or police had been parading her residence. She
deposed further that, “two black unregistered Highlander Toyota SUV buses were
sighted parading her residence repeatedly with their mission unknown to her.”
She stated that the immediate intervention of the court was required to protect
her fundamental rights to life, movement and properties and more importantly,
from being intimidated, arrested and detained since she has not been charged
with any offence before a court of competent jurisdiction.