Justice Abang had on February 17 held that the commission can arrest, probe and prosecute Kuku over alleged financial impropriety.
Justice Okon Abang gave the restraining order on Tuesday, April 5, 2016, saying Kuku should be left alone pending the determination of his appeal on an earlier ruling of the court.
Pulse recalls that while ruling on a fundamental right enforcement suit, filed by kuku against the EFCC on February 17, Justice Abang had held that the commission can arrest, probe and prosecute Kuku over alleged financial impropriety during his tenure.
In reaction to the ruling, Kuku approached the Court of Appeal in Lagos to nullify the verdict.
He also filed a motion for stay of execution of the ruling before the high court, dated February 23, supported with 11 paragraphs affidavit, deposed to by one Chinedu Obata before the court.
Justice Abang, who is currently sitting in Abuja Division of the Court, came to Lagos on the permission of the Chief Judge on Tuesday to deliver ruling on the application. The development which is unusual.
“Time can not run against the State in arresting or prosecuting the applicant if truly, is culpable of the alleged offence. The respondents have nothing to lose if status quo is maintained. So, therefore all action concerning arrest, detention and prosecution of the applicant should hold on for now, till final determination of the appeal on the matter”, he ruled.
Kuku had sued the Attorney-General of the Federation, EFCC, the Independent Corrupt Practices Commission (ICPC), the Inspector-General of Police (IGP), the DSS and the Nigeria Immigration Service, alleging of “plots by the respondents to concoct, fabricate or falsify evidence in order to provide a basis for his arrest, detention, persecution and/or prosecution for political reasons”.