Justice Jude Okeke of the FCT
High Court on Monday ordered
the Economic and Financial
Crimes Commission (EFCC) to pay
N5 million to Abba Mohammed
for violation of his right.
Mr. Okeke held that the EFCC
failed to prove why the applicant
was detained for about 41 days
without being charged to court.
“The applicant’s contention that
his fundamental right was denied
him by the respondent was not
proved otherwise; there must be
reasonable suspicion upon which
the detention was made.
“The right of the applicant has
been violated by the respondent
by detaining him for about 41
days without making reference to
any court.
“His fundamental right to liberty
was denied him and he was
detained for about 41 days; he
applied to this court and an order
to release him on bail was given.
“He was refused bail despite
meeting the bail conditions given
to him by this court; the
respondent, acting under the
cover of section 7 of the EFCC Act,
failed to present enough evidence.
“I have given due consideration
to the following contentions as
earlier stated under sections 131
and 133 of the Evidence Act 2011.
“There is no concrete evidence
before the court to prove the
allegation of N17 billion arms
scam and the alleged N300 million
traced to the applicant’s account
are true,’’ he said.
Mr. Okeke held that the allegation was based
on rumour, adding that the respondent failed
to lay credible evidence before the court to
prove the arrest and detention of the
applicant.
He therefore upheld the relief sought by the
applicant that the court should order EFCC to
pay him N200 million for general damages but
reduced the amount to N5 million.
The court also awarded N50, 000 to the
applicant for cost of instituting the case.
The News Agency of Nigeria (NAN) reports
that Mr. Mohammed, arrested and detained
by the EFCC on Nov. 26, was admitted to
administrative bail the following day.
On Dec. 17, the FCT High Court, Maitama,
granted him exparte order which the EFCC
disobeyed before the Federal High court
granted him bail on Jan. 7.
(NAN)
