Court Orders EFCC To Apologise To Detained Suspect, Pay N50m

A Federal High Court in Abuja has ordered the Economic and
Financial Crimes Commission (EFCC) to publicly apologise to a
businessman, Babatunde Morakinyo and pay him N50million for
unlawful arrest and detention.

Justice Inyang Ekwo gave the orders in a ruling on Monday on a
fundamental rights enforcement suit, marked: FHC/ABJ/CS/437/2020 by
Morakinyo, with the EFCC as sole respondent.

Justice Ekwo declared as unlawful and a breach of Morakinyo’s
rights to personal liberty and dignity his arrest on March 19, 2020
within the premises by officials of the EFCC.

The judge said an order is hereby made directing the respondent
(EFCC) to publish a public apology to the appellant in two national
dailies within 14 days of the grant of this order and notify the
applicant accordingly.

He also awarded N50m exemplary damages in favour of the
applicant and against the respondent “for abusing its statutory
powers and arbitrarily trampling on the fundamental rights of the
applicant.”

Justice Ekwo frowned at the decision of the EFCC to arrest the
applicant within the premises of the court, noting such act was not
only a disrespect for the court but also unlawful because no law
allows such practice.

The judge said, by arresting Morakinyo in court, officials of
the EFCC “demonstrated apparent disregard for the judiciary as an
arm of government and ruptured its integrity.

“The act is an aberration of the tenets of the democracy we
profess to practice. In a democracy, no arm of government is to be
made to appear as subjugated to the other.

“Unconstitutional and illegal courthouse arrest is condemnable
and punishable. And, the courthouse arrest of the applicant by the
respondent is no less so,” he said.

Justice Ekwo rejected EFCC’s claim that it re-arrested Morakinyo
preparatory to his arraignment at the Lagos division of the Federal
High Court on a separate charge.

He said the EFCC could only re-arrest an individual, under any
reason, after obtaining an order of court.

“Where the court has granted bail to a person and the person has
met the the terms of bail, and release warrant has been issued to
him, but he is facing arraignment in another court, he need not be
re-arrested.

“He can be served the subsequent charge and given the
opportunity to appear in court on the date fixed for his
arraignment.

“The assumption that such a person is likely not to appear in
court for the other trial is unfounded as his particulars of bail
are in the custody of the court already.

“The court which he is appearing next has the discretion to
grant him bail upon the previous terms or modify same. He is aware
that it is in his interest to appear in court to answer to the
allegations against him.

“Therefore, there is no valid foundation for the subsequent
arrest of the applicant on the excuse of a pending charge in Lagos
when he had been granted bail by a court of coordinate jurisdiction
in Abuja upon arraignment for another charge.”

The EFCC had, on March 19, 2020 arraigned Morakinyo before
Justice Ahmed Mohammed of the Federal High Court, Abuja on money
laundering related charges.

The EFCC claimed that Morakinyo allegedly used his firms to
distribute about N9,016,385,467.01 taken from Kwara State
Government coffers, between 2009 and 2016, to former officials of
the state.

Upon his arraignment on March 19, 2019, Morakinyo was granted
bail, which he perfected, following which the judge endorse the
warrant for his release.

Before he could exit the court premises, officials of the EFCC
arrested him and detained him from March 19, 2020 until April 4,
2020 following a letter from the office of the Attorney General
Federation, following complaint by Morakinyo’s lawyer.

Morakinyo subsequently filed the fundamental rights enforcement
suit to challenge his arrest in court and detention between March
19 and April 4, 2020 at the EFCC’s facility in Jabi, Abuja.

A Federal High Court in Abuja has ordered the Economic and
Financial Crimes Commission (EFCC) to publicly apologise to a
businessman, Babatunde Morakinyo and pay him N50million for
unlawful arrest and detention.

Justice Inyang Ekwo gave the orders in a ruling on Monday on a
fundamental rights enforcement suit, marked: FHC/ABJ/CS/437/2020 by
Morakinyo, with the EFCC as sole respondent.

Justice Ekwo declared as unlawful and a breach of Morakinyo’s
rights to personal liberty and dignity his arrest on March 19, 2020
within the premises by officials of the EFCC.

The judge said an order is hereby made directing the respondent
(EFCC) to publish a public apology to the appellant in two national
dailies within 14 days of the grant of this order and notify the
applicant accordingly.

He also awarded N50m exemplary damages in favour of the
applicant and against the respondent “for abusing its statutory
powers and arbitrarily trampling on the fundamental rights of the
applicant.”

Justice Ekwo frowned at the decision of the EFCC to arrest the
applicant within the premises of the court, noting such act was not
only a disrespect for the court but also unlawful because no law
allows such practice.

The judge said, by arresting Morakinyo in court, officials of
the EFCC “demonstrated apparent disregard for the judiciary as an
arm of government and ruptured its integrity.

“The act is an aberration of the tenets of the democracy we
profess to practice. In a democracy, no arm of government is to be
made to appear as subjugated to the other.

“Unconstitutional and illegal courthouse arrest is condemnable
and punishable. And, the courthouse arrest of the applicant by the
respondent is no less so,” he said.

Justice Ekwo rejected EFCC’s claim that it re-arrested Morakinyo
preparatory to his arraignment at the Lagos division of the Federal
High Court on a separate charge.

He said the EFCC could only re-arrest an individual, under any
reason, after obtaining an order of court.

“Where the court has granted bail to a person and the person has
met the the terms of bail, and release warrant has been issued to
him, but he is facing arraignment in another court, he need not be
re-arrested.

“He can be served the subsequent charge and given the
opportunity to appear in court on the date fixed for his
arraignment.

“The assumption that such a person is likely not to appear in
court for the other trial is unfounded as his particulars of bail
are in the custody of the court already.

“The court which he is appearing next has the discretion to
grant him bail upon the previous terms or modify same. He is aware
that it is in his interest to appear in court to answer to the
allegations against him.

“Therefore, there is no valid foundation for the subsequent
arrest of the applicant on the excuse of a pending charge in Lagos
when he had been granted bail by a court of coordinate jurisdiction
in Abuja upon arraignment for another charge.”

The EFCC had, on March 19, 2020 arraigned Morakinyo before
Justice Ahmed Mohammed of the Federal High Court, Abuja on money
laundering related charges.

The EFCC claimed that Morakinyo allegedly used his firms to
distribute about N9,016,385,467.01 taken from Kwara State
Government coffers, between 2009 and 2016, to former officials of
the state.

Upon his arraignment on March 19, 2019, Morakinyo was granted
bail, which he perfected, following which the judge endorse the
warrant for his release.

Before he could exit the court premises, officials of the EFCC
arrested him and detained him from March 19, 2020 until April 4,
2020 following a letter from the office of the Attorney General
Federation, following complaint by Morakinyo’s lawyer.

Morakinyo subsequently filed the fundamental rights enforcement
suit to challenge his arrest in court and detention between March
19 and April 4, 2020 at the EFCC’s facility in Jabi, Abuja.