More facts have come to light as to why a High Court sitting in
the Federal Capital Territory (FCT), Abuja, quashed the declaration
of the Executive Vice Chairman of Aiteo Group, Benedict Peters, as
“wanted” by the Economic and Financial Crimes Commission
(EFCC).
The EFCC had in March last year declared Peters wanted in
connection with criminal conspiracy, diversion of funds and money
laundering.
But in a judgment last Thursday, Justice Oathman Musa held that
the anti-graft agency has no power to declare Peters or anyone
“wanted” without a court order.
This was in response to suit number FCT/HC/CV/23/2017 filed by
Peters, accusing the EFCC of declaring him wanted on its website
without following due process.
In his ruling, the judge said: “Peters has never been charged
with, nor tried for any criminal offence in any court of law, nor
has he ever jumped bail for any offence howsoever in Nigeria and
cannot be declared wanted by administrative fiat without any prior
order or leave of court.”
The judgment further read: “The very act of declaring the
applicant (Benedict Peters) a wanted person on the official website
of the first respondent (EFCC) without any prior order or leave of
a court of competent jurisdiction to that effect is unlawful,
illegal, wrongful, ultra vires, unconstitutional and constitutes a
flagrant violation of the fundamental rights of the applicant to
personal liberty, private and family life, freedom of movement and
the right to not to be subjected to inhuman and degrading treatment
as guaranteed under Section 34, 37, 41 and 46 of the Constitution
of the Federal Republic of Nigeria, 1999 (as amended), and Articles
2, 3(1) & (2), 4, 5, 6, 7, and 12(1) of the African Charter on
Human and Peoples’ Rights (Ratification and Enforcement) Act,
2004.”
On August 15, 2016, Peters was declared wanted by the EFCC
without an order of a court and in the absence of a valid charge in
a court of law.
The declaration was published in Punch newspaper, online
publications – Premium Times and Sahara Reporters – and on the
official website of the EFCC.
It was also carried by top tier news platforms across the
country.
EFCC claimed that Peters was summoned on several occasions
before he was declared wanted. However, the evidence presented in
court showed that Peters was out of the country on health grounds
and this was communicated to EFCC by his legal representatives.
Peters requested for a rescheduling based on the aforementioned
reason, however, a day before the date on which he had been
required to attend, armed men and police officers at the behest of
EFCC, invaded his company premises and made arrests.
EFCC’s defence for its actions was that it acted based on a
warrant of arrest issued by a magistrate’s court.
Upon scrutinising the contents of the document constituting the
warrant, the judge discovered that the said document was dated
August 5, 2016, suggesting that it was made or signed by the
issuing magistrate on that date.
Curiously, the EFCC endorsed it as having been received on
August 4, 2016 at 10.32 a.m.
This inconsistency completely flawed EFCC’s defence, compelling
Justice Musa to declare last Thursday: “I am left with no option
but to conclude that the first respondent (EFCC) has presented to
this court an absurd and unimaginable case of receiving a signed
document a day before it was actually signed by the person who was
purported to have signed it.
“I’m afraid such a thing is not possible in our physical world.
Perhaps, it is possible in the spirit world. This renders the
circumstances surrounding the procurement of this document
doubtful.”
Since EFCC’s declaration was not within the ambit of the laws of
Nigeria and did not comply with the conditions precedent to the
said declaration, the judge dismissed the case, stating: “An order
is hereby made directing the first respondent (EFCC) to remove from
its website the purported declaration made against the applicant
forthwith.”
The latest ruling in favour of the oil magnate follows a series
of judicial victories when his earnings were declared as legitimate
and several money laundering allegations levelled against him were
thrown out of court based on lack of evidence.
More facts have come to light as to why a High Court sitting in
the Federal Capital Territory (FCT), Abuja, quashed the declaration
of the Executive Vice Chairman of Aiteo Group, Benedict Peters, as
“wanted” by the Economic and Financial Crimes Commission
(EFCC).
The EFCC had in March last year declared Peters wanted in
connection with criminal conspiracy, diversion of funds and money
laundering.
But in a judgment last Thursday, Justice Oathman Musa held that
the anti-graft agency has no power to declare Peters or anyone
“wanted” without a court order.
This was in response to suit number FCT/HC/CV/23/2017 filed by
Peters, accusing the EFCC of declaring him wanted on its website
without following due process.
In his ruling, the judge said: “Peters has never been charged
with, nor tried for any criminal offence in any court of law, nor
has he ever jumped bail for any offence howsoever in Nigeria and
cannot be declared wanted by administrative fiat without any prior
order or leave of court.”
The judgment further read: “The very act of declaring the
applicant (Benedict Peters) a wanted person on the official website
of the first respondent (EFCC) without any prior order or leave of
a court of competent jurisdiction to that effect is unlawful,
illegal, wrongful, ultra vires, unconstitutional and constitutes a
flagrant violation of the fundamental rights of the applicant to
personal liberty, private and family life, freedom of movement and
the right to not to be subjected to inhuman and degrading treatment
as guaranteed under Section 34, 37, 41 and 46 of the Constitution
of the Federal Republic of Nigeria, 1999 (as amended), and Articles
2, 3(1) & (2), 4, 5, 6, 7, and 12(1) of the African Charter on
Human and Peoples’ Rights (Ratification and Enforcement) Act,
2004.”
On August 15, 2016, Peters was declared wanted by the EFCC
without an order of a court and in the absence of a valid charge in
a court of law.
The declaration was published in Punch newspaper, online
publications – Premium Times and Sahara Reporters – and on the
official website of the EFCC.
It was also carried by top tier news platforms across the
country.
EFCC claimed that Peters was summoned on several occasions
before he was declared wanted. However, the evidence presented in
court showed that Peters was out of the country on health grounds
and this was communicated to EFCC by his legal representatives.
Peters requested for a rescheduling based on the aforementioned
reason, however, a day before the date on which he had been
required to attend, armed men and police officers at the behest of
EFCC, invaded his company premises and made arrests.
EFCC’s defence for its actions was that it acted based on a
warrant of arrest issued by a magistrate’s court.
Upon scrutinising the contents of the document constituting the
warrant, the judge discovered that the said document was dated
August 5, 2016, suggesting that it was made or signed by the
issuing magistrate on that date.
Curiously, the EFCC endorsed it as having been received on
August 4, 2016 at 10.32 a.m.
This inconsistency completely flawed EFCC’s defence, compelling
Justice Musa to declare last Thursday: “I am left with no option
but to conclude that the first respondent (EFCC) has presented to
this court an absurd and unimaginable case of receiving a signed
document a day before it was actually signed by the person who was
purported to have signed it.
“I’m afraid such a thing is not possible in our physical world.
Perhaps, it is possible in the spirit world. This renders the
circumstances surrounding the procurement of this document
doubtful.”
Since EFCC’s declaration was not within the ambit of the laws of
Nigeria and did not comply with the conditions precedent to the
said declaration, the judge dismissed the case, stating: “An order
is hereby made directing the first respondent (EFCC) to remove from
its website the purported declaration made against the applicant
forthwith.”
The latest ruling in favour of the oil magnate follows a series
of judicial victories when his earnings were declared as legitimate
and several money laundering allegations levelled against him were
thrown out of court based on lack of evidence.
Read more https://nairalaw.com/why-court-quashed-efccs-wanted-declaration-on-benedict-peters/