Court dismisses SFU’s case against Saraki

A Federal High Court in Abuja has cleared former Kwara State Governor, Senator Bukola Saraki, of any wrongdoing in a bank loan being investigated by the Police Special Fraud Unit since 2012.

The clearance given to the former governor in court followed a legal opinion by the Attorney General of the Federation and Minister of Justice that the allegations of wrongdoing against him were baseless and unfounded.

The legal opinion was a response to the report submitted to him by the Inspector General of Police on Police findings in a complaint on Joy Petroleum Limited.

Delivering judgment in a case of enforcement of fundamental human rights Saraki filed against the Police, Justice Ahmed Ramat Mohammed stopped the Inspector General of Police from inviting or arresting the former governor over the alleged bank loan.

Justice Mohammed also barred the agents of the IGP, especially the operatives in the Special Fraud Unit, from harassing, intimidating and breaching the fundamental rights of Saraki and his aides.

The court held that any attempt to commence any further interrogation of Saraki, which actually started since 2012 and over an issue already declared closed by the Minister of Justice will amount to a breach of the fundamental rights of the senator.

Justice Mohammed said it would be unfair for Saraki to be subjected to further interrogation by Police having been cleared of any wrongdoing by the AGF in the report Police willingly submitted to the Minister.

The judge said the court had no choice than to give effect to the legal opinion of the Minister of Justice that the complaints against Saraki were baseless, unfounded and not supported with any documentary evidence since he has no link with Joy Petroleum Limited, the complaint.

The court also held that Police ought to have stopped any further harassment of the senator since the AGF had officially written to the Inspector General of Police to discontinue the matter.

Justice Mohammed refused to rely on the depositions of the Police that they were acting on further evidence, adding that the failure by Police to attach even a single document to support the bogus claim was fatal to their depositions.

He said: “In law, the court cannot rely on any averment that is not supported with even a faint documentary evidence.

“The failure of Police to produce in court the provisional findings submitted to the Minister of Justice and the letter of the Minister to the Police indicate that the case was not favourable to the Police.”

In all, all the three letters of invitation sent by the Police to Senator Saraki for further interrogation on the closed matter were quashed and set aside by the court for having no effects whatsoever.

Saraki, a senator representing Kwara Central Senatorial District in the Senate, had dragged the Inspector General of Police before the court over series of letters of invitation extended to him to appear before the Special Fraud Unit for investigation in a bank loan resolved in his favour two years ago.

In the legal action filed by his counsel, Mahmud Magaji (SAN), Saraki complained of undue harassment and intimidation on the part of the Police and sought for protection of his fundamental human rights to justice and fair-play.

The former governor sought for the court order to quash the invitation on the ground that he had two years ago been investigated and was exonerated by the Police report.