Justice Anwuli Chikere, gave the order while ruling on the exparte application brought before the court by Bishop Osadolor Ochei.
The application is seeking an order of mandamus to compel Economic and Financial Crimes Commission (EFCC), to arrest and commence criminal proceedings against Oshiomole for allegedly diverting state funds into personal use.
Justice Chikere, while ordering that the EFCC be served also with the same court process, stressed that the service be done within five days from October 9, when the order was made.
The ex-parte, with suit No FHC/ABJ/CS/628/ 2018, and filed by Dr. West Idahosa on behalf of the plaintiff, has Oshiomole and EFCC as 1st and 2nd respondents respectively.
Idahosa while arguing the motion, urged the court to allow the respondents file their reply to the weighty allegations made against them by the applicant.
Bishop Ochei had on October, 28, 2016, petitioned the EFCC against Oshiomhole, who was governor of Edo state from November 2008 to November 11, 2016.
While praying the court to grant the request of his client, Idahosa referred the court to 86 exhibits filed in support of the application, stressing that there were documents and electronic pictures of palatial houses of the former governor, whose earnings all his life cannot acquire and that there were evidence on how Oshiomhole allegedly diverted money meant for Edo State project to his personal projects.
The counsel added that there were vouchers of exorbitant air fares that the former governor incurred, and that the amount of air fares was enough to buy air carrier for the people of Edo State.
Idahosa also stated that there were receipts of how the former governor used huge amount of states funds to repair of his private vehicles, and urged the court to grant the relief of his client.
According to him, EFCC has arrested and prosecuted lesser crimes and there was no reason the anti-graft agency should ignore the petition.
The court has adjourned the matter till October 23, for arguments from parties in the suit.