The Federal High Court in Lagos, Wednesday threw out an application by a Special Adviser to former President Goodluck Jonathan on Niger Delta Affairs, Kingsley Kuku, to stop the EFCC from arresting him.
Kuku had urged the court to restrain anti-corruption agencies from arresting and prosecuting him over allegations of corruption while in office.
But, Justice Okon Abang held that the application lacked merit.
“This application lacks merit and is hereby dismissed. I so hold,” said the judge.
Justice Abang refused Kuku’s prayer to stop the Economic and Financial Crimes Commission (EFCC) and the Department of State Services (DSS) from arresting and probing him.
The judge, however, said should Kuku be arrested, he should not be detained beyond 48 hours.
Justice Abang said detaining Kuku beyond 48 hours would be in contravention of Section 35(4)(5) of the 1999 Constitution.
The judge disagreed with the submission that any move to invite Kuku was politically motivated.
After assuming jurisdiction in the case, Justice Abang held: ”It is in my humble view that the invitation sent to the applicant is lawful and constitutional.
“The court cannot stop a statutory institution from performing its constitutional duty.”