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Judge says EFCC application ‘stupid’

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Unsatisfied by the application sought by the Economic and Financial Crimes Commission (EFCC) that he withdraw from a fundamental rights suit brought by a businessman, Jyde Adelakun, Justice Mohammed Yunusa of the Federal High Court in Lagos has refused the request.
Yunusa stated that though the prayer came late, he was nevertheless obligated to hear every application before him “no matter how downright stupid” it might be.
EFCC had asked for a stay of further proceedings and that the case-file be returned to the Chief Judge, Justice Ibrahim Auta for re-assignment.
The commission’s legal officer Israel Akande had said in a supporting affidavit that “The EFCC will not be treated fairly in this case as there is a real likelihood of bias against it”.
But ruling on Wednesday, Justice Yunusa said he had a duty to declare “what the law is and not what the law should be”.
He added that EFCC did not object to the case since it was filed in August, or ask that it be re-assigned to another judge, until Tuesday.
Besides, he said, the fact that EFCC did not get a favourable ruling in a previous case was no reason to accuse him of bias. He said judgment in the case was ready and would not be arrested.
The judge, therefore, dismissed the application, saying it was “lacking in merit.”

Read also: EFCC seeks to disqualify judge

Delivering judgment in Adelakun’s fundamental rights suit, Justice Yunusa held that the applicant was wrongfully detained by the commission.
He said EFCC did not obtain a court order before detaining him, adding that keeping him beyond 24hours violated his rights.
“The respondent admitted arresting the applicant, but he was not arrested with a warrant of arrest. No arrest warrant was exhibited. For an arrest to be valid, there must be a warrant. The respondent (EFCC) acted irrationally.
“The exercise of arrest powers merely to obtain information from a suspect is illegal. There is nothing to show that they did basic preliminary investigation.
“Why was the report of investigation not attached to the counter-affidavit? The court cannot rely on mere averments. It must be substantiated,” the judge said.
Justice Yunusa said security agencies should be careful not to get intoxicated by their powers to the extent that they harass the citizens they were meant to protect.
“The Constitution provides that no person should be detained unnecessarily. Once a person is arrested, their liberty is curtailed. It does not matter how long the detention lasted,” the judge said.
The judge declared the applicant’s arrest illegal. He ordered that his bank account be unfrozen and Adelakun given “unhindered or unfettered access to his funds.”
He also restrained EFCC from arresting and detaining him.
Meanwhile, the commission has filed a criminal charge against Adelakun and his company, Touch of Fame Energy Company, at the Lagos State High Court, Ikeja.
According to the information, the defendants were accused of conspiracy to receive stolen property, about $2,181,000 (N434, 040,810) from JP Morgan Chase Bank, USA, “knowing same to have been stolen.”
EFCC’s prosecutor Kayode Oni said the alleged offences contravene Section 326 (1) of the Criminal Law of Lagos State, No. 11, 2011.
He said the accused persons would soon be arraigned.

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