Court Uses Adoke’s Legal Opinion To Dismiss Fraud 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 (AGF) and Minister of Justice,Mohammed Adoke  that the allegations of wrongdoing against him were baseless and unfounded.

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

Delivering judgment in a case of enforcement of fundermental human rights Saraki filed against Police, Justice Ahmed Ramat Mohammed stopped the Inspector General of Police (IGP) 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 (SFU) from harassing, intimidating and breaching the fundermental rights of the former governor and his aides.

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

Justice Mohammed said that it would be unfair for Senator 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 that the court had no choice than to give effect to the legal opinion of the Minister of Justice that the complaints against Senator Saraki were basless, unfounded and not supported with any documentary evidence since he has no lonk 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 Police that they were acting on further evidence from adding that the failure by Police to attach even a single document to support the bogus claim was fatal to their depositions.

“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 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 to 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 to undue harassment and intimidation on the part of Police and sought for protection of his fundermental human rights to justice and fair-play.

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

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