The Federal High Court in Asaba on Monday struck out Chief James Ibori’s application asking the court to restrain the EFCC from arresting him before hearing substantive suit on May 10.

Ibori had on April 28 through his Counsel, Mr Joseph Daudu, filed the application for enforcement of his fundamental human rights over alleged fraud involving the shares of some companies.

The suit number FHC/ASB/CS/34/2010 was filed after Justice Ibrahim Buba had refused to grant Ibori’s oral application to restrain the EFCC from arresting him.

But at the hearing of the main application on Monday, Buba struck out the matter after all the counsel to the parties said they would not object to its being struck out.

Respondents in the suit are the Attorney-General of the Federation (AGF), the EFCC, the Inspector General of Police (I-G) and the Director, State Security Service (SSS).

At Monday’s hearing, the court also adjourned ruling in the main case to May 31 after listening to Abubakar Mahmoud, Counsel to A-G, I-G and SSS.

Counsel to the EFCC, Mr Chile Okoroma and Daudu (Ibori) also advanced their arguments at the resumed hearing on Monday.

Last month, Buba had ordered that if counsel to Ibori wanted his application to restrain respondents be taken, he should apply in writing instead of an oral application.

When the case came up on Monday, Daudu argued that the EFCC and its agent were infringing on the fundamental human rights of his client.

Daudu said that EFCC had failed to state in its invitation of March 22, which was delivered on April 17 the reason for the interview.

He therefore, urged the court to enforce his client’s fundamental human rights and to step in and save the applicant from prolonged embarrassment.

However, the counsel to respondents argued that the court had no jurisdiction to entertain the matter and that the application be struck out.

They argued that the court was not competent to handle the case before it and urged it not to grant the applicant’s request.

In his submission, Counsel to the AGF, Mr Abubakar Mahmoud, argued that the nation’s criminal justice system was based on separation of powers.

He said that the powers of adjudication and investigation were clearly spelt out in the Nigerian Constitution.

Mahmoud also said that there was no legal requirement that a suspect must be given reasons before being invited for investigation.

He further said that the powers vested on the police were powers vested by an Act of the National Assembly.

The counsel argued that there was nothing like exhaustive investigation or full investigation so long as the crime remains.

Mahmoud also said that there was difference between discharge and acquittal, “ where a suspect plea has not taken, it is preposterous to claim discharge”.

He therefore, asked the court to dismiss the application for lacking in merit.

Mr Chile Okoroma, counsel to the EFCC said that the court had no jurisdiction to entertain the case since he had been asked to report to the EFCC office in Lagos or Abuja.

Okoroma also asked the court to dismiss Ibori’s application.

The judge adjourned the matter to May 31 for ruling on the application.