FCT High Court Slams EFCC For Breach of Applicant’s Fundamental Rights, Awards N2m Costs
By John Austin Unachukwu
A High Court of the Federal Capital Territory, Per Hon Justice A. M. Abdullahi of Court 41, yesterday in Abuja, slammed the Economic and Financial Crimes Commission (EFCC), with a fine of N2 million in favour of Claimant, Abubakar Ismaila Isa, represented by Mr. Emmanuel Hassan and Ubong Udoekpo. This is in addition to other reliefs granted by the Honourable Court in favour of the Claimant.
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Giving judgement in the case with Suit No: FCT/HC/GAR/CV/290/2024, Between: Abubakar Ismaila Isa vs. EFCC & 2 Ors. Hon Justice A. M. Abdullahi held that the Defendants (EFCC) contravened Section 35(3) of the Constitution in the arrest, detention, and interrogation of the Claimant- Abubakar Ismaila Isa. Therefore, the Court restrained the EFCC, either by themselves or their agents or privies, from harassing, threatening, arresting or detaining the Claimant without complying with the provisions of Section 35(3) of the Constitution.
The Court also awarded costs of 2 million naira against the EFCC in favour of the Claimant.
The Claimant, Abubakar Ismaila Isa, through his Counsel, Femi Atteh, SAN, had dragged the EFCC Chairman, Mr. Olanipekun Olukoyede and Mr. Bawa Usman Kaltunga (Head of AMCON desk) to the Court seeking the following reliefs.
A DECLARATION that the arrest, interrogation and the continued threat to arrest the Claimant/Applicant without informing him, in writing, of the allegations against him within twenty – four hours is unconstitutional and violates his fundamental right to as guaranteed by Section 35(3) of the Constitution of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
AN ORDER of Court restraining the Defendants either by themselves, officers, servant, agents, privies or any other person howsoever called and in whatsoever capacity from further violating the Constitutional rights of the Claimant/Applicant by further arresting or threat to arrest, detain and/or arraign the Claimant/Applicant without complying with the provision of S. 35(3) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
N 100,000,000.00 (One Hundred Million Naira) only as general damages for infringing on the Claimant/Applicant’s Fundamental Right in contravention of A. 35(3) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
Recall that last year in Suit No.; FHC/ABJ/CS/407/2024 between EFCC and Abubakar Ismaila Isa before the Federal High Court, Honourable Justice M.O. Olajuwon had set aside and vacated an Exparte Order granted EFCC ordering the freezing of the Account of Abubakar Ismaila Isa.
In seting aside the Order, the Honourable Court held that” With the foregoing, it is apparent that in obtaining the Order of court, the Applicant/Respondent did not act in good faith and did not give full disclosure so this Court could appropriately deal with its application. The application under consideration also has merit for these reasons. “
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