Court Restrains EFCC from Arresting, Harassing Ozekhome for Criticising Magu

Justice Inyang Ekwo of a Federal High Court, Abuja, on Thursday,
issued an order restraining the Economic and Financial Crimes
Commission (EFCC) from inviting, harassing and threatening to
arrest or detain human rights activists and constitutional lawyer,
Chief Mike Ozekhome (SAN), over his criticism of former EFCC Acting
Chairman, Ibrahim Magu.

Justice Ekwo, delivering judgment in a fundamental right
enforcement suit filed by Ozekhome, held that serial acts of
intimidation and constant invitations the EFCC extended to the
applicant as well as threats to arrest, detain and humiliate him,
over publications and speeches he made regarding the way and manner
the commission fought the corruption war under Magu were illegal,
unlawful, wrongful and unconstitutional.

The judge further held that the action of the agency constituted
a blatant violation of the applicant’s fundamental rights as
enshrined in Sections 35, 37, 39 and 41 of the 1999 Constitution
(as amended), and Articles 5, 6, 8, 9, 10, 12 & 14 of the African
Charter on Human and Peoples’ Rights Ratification and Enforcement
Act, Cap. A9 LFN 2004.

Defendants in the suit marked FHC/ABJ/CS/324/2018, were the
EFCC, Magu and one of its lead operatives, Abubakar Aliyu
Madaki.

The senior lawyer had in the suit, told the court that EFCC had
continued to harass him for being a vocal critic of the lopsided
nature of President Muhammadu Buhari’s anti-corruption war led by
Magu.

He told the court that the commission aside from repeatedly
summoning him to appear for questioning, froze his bank account
after he was paid his legal fees totalling the sum of N75 million,
by the former Governor of Ekiti State, Ayodele Fayose.

Ozekhome maintained that one of the reasons the EFCC made him
its primary target was due to the fact that he secured so many
legal victories against it in various hierarchies of courts in the
country.

He told the court that threats from the respondents was to shut
him up from further criticisms of “the despicable and unjust manner
of their fight against corruption in Nigeria”.

He said he did not commit any offence to warrant the incessant
invitations and threats to arrest, detain or declare him wanted by
the respondents.

Ozekhome then prayed the court to among other things, declare
that he was entitled to receive legal fees for professional
services he rendered to clients, including to Fayose and that he is
not bound or obligated to determine the source of funds used in
paying for legal services he rendered.

The applicant further asked the court to compel the respondents
to publish unreserved apology to him in three prominent dailies for
the breach of his right.

He also prayed for another order directing the respondents to
jointly and severally pay the sum of N5 billion to him as exemplary
damages for wanting violation of his rights.

However, the EFCC, in a counter-affidavit that was deposed to by
one of its operatives, Usman Aliyu, urged the court to dismiss the
suit.

The commission told the court that Ozekhome was being
investigated for a lot of cases bordering on money laundering and
tax evasion, based on intelligence report from the Nigeria
Financial Intelligent Unit (NFIU).

Delivering judgment in the matter on Thursday, Justice Ekwo said
he was satisfied that Ozekhome established a case of intimidation
and harassment by the respondents.

He held that though the court would always restrain itself from
interfering with the functions of statutory bodies like the EFCC,
“but that is only in so far as such agency is demonstrably shown to
be acting pursuant to the veritable spirit of the law”.

According to the judge, “Where the act of such statutory body is
shown to be manifestly predicated on ill will, malice and
animosity, the law will intervene. The court will never allow the
law to be used as instrument of vendetta or vindictiveness as
established in this case.”

Justice Inyang Ekwo of a Federal High Court, Abuja, on Thursday,
issued an order restraining the Economic and Financial Crimes
Commission (EFCC) from inviting, harassing and threatening to
arrest or detain human rights activists and constitutional lawyer,
Chief Mike Ozekhome (SAN), over his criticism of former EFCC Acting
Chairman, Ibrahim Magu.

Justice Ekwo, delivering judgment in a fundamental right
enforcement suit filed by Ozekhome, held that serial acts of
intimidation and constant invitations the EFCC extended to the
applicant as well as threats to arrest, detain and humiliate him,
over publications and speeches he made regarding the way and manner
the commission fought the corruption war under Magu were illegal,
unlawful, wrongful and unconstitutional.

The judge further held that the action of the agency constituted
a blatant violation of the applicant’s fundamental rights as
enshrined in Sections 35, 37, 39 and 41 of the 1999 Constitution
(as amended), and Articles 5, 6, 8, 9, 10, 12 & 14 of the African
Charter on Human and Peoples’ Rights Ratification and Enforcement
Act, Cap. A9 LFN 2004.

Defendants in the suit marked FHC/ABJ/CS/324/2018, were the
EFCC, Magu and one of its lead operatives, Abubakar Aliyu
Madaki.

The senior lawyer had in the suit, told the court that EFCC had
continued to harass him for being a vocal critic of the lopsided
nature of President Muhammadu Buhari’s anti-corruption war led by
Magu.

He told the court that the commission aside from repeatedly
summoning him to appear for questioning, froze his bank account
after he was paid his legal fees totalling the sum of N75 million,
by the former Governor of Ekiti State, Ayodele Fayose.

Ozekhome maintained that one of the reasons the EFCC made him
its primary target was due to the fact that he secured so many
legal victories against it in various hierarchies of courts in the
country.

He told the court that threats from the respondents was to shut
him up from further criticisms of “the despicable and unjust manner
of their fight against corruption in Nigeria”.

He said he did not commit any offence to warrant the incessant
invitations and threats to arrest, detain or declare him wanted by
the respondents.

Ozekhome then prayed the court to among other things, declare
that he was entitled to receive legal fees for professional
services he rendered to clients, including to Fayose and that he is
not bound or obligated to determine the source of funds used in
paying for legal services he rendered.

The applicant further asked the court to compel the respondents
to publish unreserved apology to him in three prominent dailies for
the breach of his right.

He also prayed for another order directing the respondents to
jointly and severally pay the sum of N5 billion to him as exemplary
damages for wanting violation of his rights.

However, the EFCC, in a counter-affidavit that was deposed to by
one of its operatives, Usman Aliyu, urged the court to dismiss the
suit.

The commission told the court that Ozekhome was being
investigated for a lot of cases bordering on money laundering and
tax evasion, based on intelligence report from the Nigeria
Financial Intelligent Unit (NFIU).

Delivering judgment in the matter on Thursday, Justice Ekwo said
he was satisfied that Ozekhome established a case of intimidation
and harassment by the respondents.

He held that though the court would always restrain itself from
interfering with the functions of statutory bodies like the EFCC,
“but that is only in so far as such agency is demonstrably shown to
be acting pursuant to the veritable spirit of the law”.

According to the judge, “Where the act of such statutory body is
shown to be manifestly predicated on ill will, malice and
animosity, the law will intervene. The court will never allow the
law to be used as instrument of vendetta or vindictiveness as
established in this case.”