President Bola Ahmed Tinubu‘s ministerial nominee, Lateef Fagbemi (Kwara State), said on Wednesday that every authority in Nigeria, including the Economic and Financial Crimes Commission (EFCC) and the Department of State Services (DSS), must obey court orders.
OsunDailyNG reports that Fagbemi was among the ministerial nominees screened yesterday by the Senate in Abuja.
While he was being screened at the Senate chamber yesterday, the Senior Advocate of Nigeria (SAN) pledged to work with the National Assembly and the judiciary “on certain parameters” if he was approved for appointment as the Attorney General of the Federation (AGF) and Minister of Justice under the incumbent administration.
The Kwara State indigene, who was responding to a question by a lawmaker on disobedience to court orders by federal agencies, said court order has to be obeyed by every authority and citizen in the country.
Fagbemi, who was accompanied to the screening exercise by over ten senior advocates, said the DSS and the EFCC should conduct an investigation before arrest and not arrest before investigation.
He said, “The major areas where we have this disobedience of court orders, with main respect, are between these agencies. My advice will be that in matters of law, the AGF should be involved.
“DSS cannot be an island onto itself. EFCC cannot continue to behave as if there is no law. There is a law, and if you want to do an investigation, you do an investigation before inviting the accused person. It is not a question of inviting him and saying you have caught a big fish, and at the end of the day, you say you are investigating.”
On his reaction if a President flouts court orders, the senior lawyer said, “I think with respect, you will not find the President flouting any order because the Attorney General will be made a party to.”
Fagbemi added: “The mere fact an order is made does not mean that you should obey it immediately. You’ll think about it, do I appeal? If I am not appealing what do I do next? If I am not appealing, of course, I cannot subject the order of court to any order of validity.
“By Section 287, it has to be obeyed, not only by the government but by every authority and person in Nigeria.”
