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 the EFCC, and Senator Abdulaziz Nyako, ordered the anti-graft agency to within 30 days, pay a N12.5 million fine, for infringing on the fundamental rights of the Lawmaker.
Justice Kolawole, had in his ruling on June 22, 2016, held that the EFCC illegally detained Abdulaziz, who is the first son of a former Governor of Adamawa State, Murtala Nyako, and a serving Senator.
He consequently asked the Commission to pay a N12.5 million fine to the applicant (Abdulaziz), who initiated a fundamental human rights 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.
The Judge nonetheless in his ruling on the matter, on Tuesday, not only dismissed the 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, the 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 N12.5 million 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.
“The EFCC should wake up and realize 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 orders, 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.”
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