Judge lambasts EFCC, orders it to pay N12.5million to Nyako within 30 days

It was a bad day for the Economic and Financial Crimes Commission (EFCC) as an Abuja Federal High Court judge, Justice Gabriel Kolawole, on Tuesday landed hard on what he said is the commission’s illegal modus operandi.

The judge who was presiding over the case between EFCC and Senator Abdulaziz Nyako, ordered the anti-graft agency to within 30 days, pay a N12.5million fine for infringing on the fundamental rights of the
lawmaker.

Justice Kolawole had in his ruling on June 22, 2016, held that EFCC illegally detained Abdulaziz, who is the first son of a former
governor of Adamawa State, Murtala Nyako, and a serving senator.

It consequently asked the commission to pay N12.5million fine to the applicant (Abdulaziz), who initiated a fundamental right enforcement proceeding against the EFCC.

However, the EFCC returned to the court with a motion dated July 4, 2016 and prayed the court to stay execution of the judgment on the basis that it has lodged an appeal against the judgement delivered in favour of the applicant.

But the judge in his ruling on the matter on Tuesday, not only dismissed EFCC’s application but also lambasted the anti-graft agency for its illegal activities in carrying out arrests and prosecution of
Nigerians.

Justice Kolawole fumed that almost a year after the said judgment was delivered, EFCC failed to adduce any evidence to show that it has indeed entered an appeal to challenge the fine it was ordered by the
court to pay.

Insisting that there was no circumstantial situation to warrant the stay of the judgment since no cogent reason was placed before the court, Justice Kolawole ordered the EFCC to within 30 days issue a
bank draft in the sum of N12.5million in the name of the Chief Registrar of the high court.

Among other things he said, “In this instant case, EFCC cannot be said to be a diligent party having just filed notice of appeal in a
judgment delivered over a year ago and did not raise any grounds of special circumstances for granting of stay of the execution.

Read also: Court asks FG to take permanent ownership of Ikoyi N13bn (Updated)

“The EFCC should wake up and realise that the law that established it is not a cosmetic law but one that is designed to protect Nigerian citizens from acts of recklessness in the name of performing statutory
functions.

“Let me say here that it is a political slogan that security agencies cannot be subjected to court order when it goes out of its way to
infringe on the fundamental rights of the citizens.

“The act of arresting and detaining before investigation is bizarre and must not be condoned by any law court.

“Dumping Suspects on remand through magistrate court orders in matters
where magistrate courts have no jurisdiction is not only tragic but
unfortunate and this trend must be stopped, the security agencies must
realise that Nigeria is now being governed through democratic
procedure.”

 

RipplesNigeria ….without borders, without fears

Click here to download the Ripples Nigeria App for latest updates

Join the conversation

Opinions

Support Ripples Nigeria, hold up solutions journalism

Balanced, fearless journalism driven by data comes at huge financial costs.

As a media platform, we hold leadership accountable and will not trade the right to press freedom and free speech for a piece of cake.

If you like what we do, and are ready to uphold solutions journalism, kindly donate to the Ripples Nigeria cause.

Your support would help to ensure that citizens and institutions continue to have free access to credible and reliable information for societal development.

Donate Now