His arrest by the operatives of the Department of State Service was also preceded by a decision of the Court of Appeal, which knocked off the legal hurdles he had created against his arrest.
Before the bench warrant could be executed, Maina went before both the Abuja and Kaduna divisions of the Federal High Court to query the propriety of the order for his arrest and the legality of the EFCC Act, 2004. Justice Shuaibu dismissed the suit, after considering the suit on the merit, that it was unmeritious and that the plaintiff failed to prove it.
The first issue was whether the trial court was right to have held that the suit constituted an abuse of court process, declined jurisdiction and dismissed it. “The whole idea, I think, is to cause confusion and frustrate the execution of the warrant of arrest. The second issue related to whether the trial court was right to have held that Maina failed to discharge the burden of proof placed on him by the law.