You Have No Right To Arrest, Detain And Freeze The Account Of A Surety, Federal High Court Tells EFCC. – TheNigerialawyer

The Federal High court in Lagos has awarded the sum of 5 million
Naira against  Economic And Financial Crimes Commission (EFCC)
 for the unlawful arrest, detention and the freezing of the
Account of one Mr Charles Aiyeni for standing surety to Chief
Jerome Itepu, a friend of his who was arrested and released on bail
to him. 

In an enforcement of his fundamental human rights which Mr
Charles Aiyeni, the Applicant is alleging to have been contravened,
he sought for several declarations  and Orders to wit: (a) A
declaration that the several invitation of the Applicant by EFCC,
the Respondent numbering over 10 times between July, 2018 and
January, 2019 with threat of further detention for failure to
produce Chief Jerome Itepu is illegal, unlawful, unconstitutional,
null and void as they constitute a gross violation of the
Applicant’s Fundamental Rights as guaranteed under Sections 34, 35
and 44 of the constitution of the Federal Republic of Nigeria 1999
as Amended.  (b) A declaration that the freezing of the
Applicant’s Bank Account with First Bank of Nigeria PLC, by the
Respondent was illegal, unlawful, unconstitutional, null and void
as it constitutes a gross violation of the Applicant’s Fundamental
Rights as guaranteed under Sections 34, 35 and 44 of the
Constitution of the Federal Republic of Nigeria 1999 as Amended.
(c) An order directing the Respondent and its officers, agents etc
or otherwise howsoever to forthwith cease from harassing,
intimidating, and threatening the Applicant with arrest, detention
on the subject matter of non production of Chief Jerome Itepu. (d)
An order directing the Respondent to pay the sum of 500 million
Naira to the Applicant as exemplary and aggravated damages for the
illegal arrest, detention and freezing of his bank account and
finally (e) An order of perpetual injunction restraining  the
Respondent and its officers from further arresting  and
detaining the Applicant on the same subject matter.

The Applicant through his lawyer, Mr J.A.K Akhigbe, told the
court that on the 10th of December, 2018, he went to his bank to
withdraw money but could not because restriction had been placed on
his account by the Respondent. He went to the office of the
Respondent for an explanation, only to be arrested and told that
his account was placed on No debit Notice because Chief Jerome
Itepu he stood surety for has not honored their further
invitations. He was thrown into their cell on the 11th of December,
2018 and kept incommunicado for 24 hours. All attempt to release
him on administrative bail failed. He was eventually released on
bail on 22nd December, 2018 after 12 days of detention. The
Applicant said that even after his release on bail, his bank
account remained frozen till date and the Respondent told him that
his account will remain frozen until he produced Chief Jerome
Itepu.

The Respondent in their counter affidavit agreed that the
Applicant took one Chief Jerome Itepu on bail. They however alleged
the Applicant had after the release of the said Accused Person
disappeared with the suspect and that all invitations  by the
Respondent for the Applicant to produce the Accused Person were
dishonored. They further alleged that part of the money
fraudulently obtained by the suspect were traced to the bank
account of the Applicant, hence the order that the account be
frozen. They also stated that the Applicant was charged with
Obstructing the Cause of Justice for failure to produce the Suspect
and the Applicant volunteered a statement and was granted
administrative bail.

In a landmark judgement the Federal High Court presided over by
Hon Justice I.N Oweibo held as follows:

1. The arrest, detention of the Applicant because he could not
produce a suspect he stood surety for is NOT A CRIME KNOWN TO
LAW.

2. The charge of Obstructing the Cause of Justice for his
failure to produce the suspect was an offence  not made out in
the  exhibits that the Respondent attached on their counter
affidavit.

3. The only liability for the Applicant for failure to produce
the suspect is to show cause or forfeit the sum of 18 million Naira
bail bond. 

4.  The Arrest, detention  of the Applicant was not
justified and therefore unlawful.

5. The non production of any valid court order authorizing the
freezing of the Applicant’s bank account makes it unlawful and
unconstitutional.

6. Taking into account the status of the Applicant, the time it
took the Applicant to prosecute the case including the effect of
 the freezing of the account on his family, the Court awarded
the sum of 5 million Naira  as compensation in favour of the
Applicant in the case. Cost of 30,000(thirty thousand Naira) was
also awarded in favour of the Applicant against the Respondent.