A Federal High Court sitting in Lagos on Monday held that the fundamental human rights of a former Managing Director of Afribank, Sebastian Adigwe, were breached when he was detained by the EFCC for more than 24 hours.
The court awarded N500,000 as
The court awarded N500,000 as damages against the EFCC for breaching Adigwe’s rights.
The judge held the applicant was arraigned three days after he was arrested by the EFCC, adding that this was
more than the stipulated time required by law.
“The refusal of the EFCC to arraign the applicant when there are various courts at its diposal amounts to the violation of the applicant’s rights.
“I think that the EFCC must at all times carry out its statutory powers within the ambit of the law,” he said.
Adigwe, had in an application filed on May 6, urged the court to hold that his arrest and subsequent detention by the EFCC was a breach of his fundamental rights as enshrined in the constitution.
He also sought an injunction restraining the EFCC from further arresting or harassing him without due process, as prescribed by law.
The EFCC, in its counter application, urged the court to discountenance the application as the arrest and detention were in line with Section 35(1) of the constitution.
It also contended that there was a remand order from a magistrates court validating the arrest and detention.
Justice James Tsoho, in his judgment, held that the anti-graft agency failed to utilise the many courts in Lagos to arraign the applicant within 24 hours after his arrest.
Tsoho held that the EFCC’s statement lacked coherence and sequence for the court to reach any decision on whether the EFCC followed the law in the discharge of its constitutional powers.
“The sum of N500,000 is awarded against EFCC as damages for breaching on the rights of the applicant (Adigwe),’’ he said.