Illegal Detention: Court Refuses Ned Nwoko’s Request For N2bn Compensation From EFCC

A Federal High Court in Abuja on Friday turned down the request
by a former lawmaker, Ned Nwoko for N2 billion compensation for his
illegal detention for three days by the Economic and Financial
Crimes Commission (EFCC).

Nwoko had, in a fundamental human rights enforcement suit,
marked: FHC/ABJ/CS/1614/2020 accused the anti-graft agency of
illegally detaining him between July 11 and 13, 2016 over a case
which he had been cleared.

Delivering judgment in the suit yesterday, Justice Ahmed
Mohammed held among others, that he was convinced that the
applicant (Nwoko) proved his case that he was unlawfully detained
by the EFCC, based on the evidence brought before the court.

Justice Mohammed observed that the petition, on which the
anti-graft agency relied upon in inviting Nwoko, requested the
commission to investigate him in respect of judgment his company,
Lintas International Limited and other companies earlier got
against the Nigerian government and others in relation to some
dealings with the Association of Local Government Nigeria
(ALGON).

The judge held that the EFCC acted outside its powers by
inviting and detaining Nwoko over an issue which he had earlier
been cleared by the same Commission.

According to the Judge: “The functions and mandate of the first
respondent (EFCC) are clearly spelt out in sections six and seven
of the EFCC Act.

“The said Act did not, in any way donates to the first
respondent the power to investigate the judgment of any court of
law, not to talk of a competent court of law, such as the High
Court and the Court of Appeal.

“Such powers are vested in the court established by the
Constitution and donated to them by Section 6(6) of the 1999
Constitution.

“It is consequently the finding of this court that the first
respondent has no vires to investigate the judgment in suit number:
FHC/ABJ/CS/130/2013 between Lintas International Limited and 238
others versus the Federal Government and three others, and indeed,
any matter connected thereto”, he held.

The judge further found that having issued investigative
reports, clearing the applicant of any wrongdoing, it was wrong for
the EFCC to turn around and claim to be investigating him based on
a supposed petition.

He said it was clear from the evidence before the court that the
EFCC unlawfully detained Nwoko between July 11 and 13, 2016 in
violation of his right to freedom of movement among others.

Justice Mohammed added that EFCC’s letter of the invitation
extended to Nwoko on November 27, 2020, constituted a violation of
his rights to personal liberty and therefore illegal, null and
void.

The Judge then granted eight out of the nine reliefs sought by
the former member of the House of Representative and refused the
ninth relief, which sought N2 billion damages against the
respondents (the EFCC and the Attorney General of the
Federation).

A Federal High Court in Abuja on Friday turned down the request
by a former lawmaker, Ned Nwoko for N2 billion compensation for his
illegal detention for three days by the Economic and Financial
Crimes Commission (EFCC).

Nwoko had, in a fundamental human rights enforcement suit,
marked: FHC/ABJ/CS/1614/2020 accused the anti-graft agency of
illegally detaining him between July 11 and 13, 2016 over a case
which he had been cleared.

Delivering judgment in the suit yesterday, Justice Ahmed
Mohammed held among others, that he was convinced that the
applicant (Nwoko) proved his case that he was unlawfully detained
by the EFCC, based on the evidence brought before the court.

Justice Mohammed observed that the petition, on which the
anti-graft agency relied upon in inviting Nwoko, requested the
commission to investigate him in respect of judgment his company,
Lintas International Limited and other companies earlier got
against the Nigerian government and others in relation to some
dealings with the Association of Local Government Nigeria
(ALGON).

The judge held that the EFCC acted outside its powers by
inviting and detaining Nwoko over an issue which he had earlier
been cleared by the same Commission.

According to the Judge: “The functions and mandate of the first
respondent (EFCC) are clearly spelt out in sections six and seven
of the EFCC Act.

“The said Act did not, in any way donates to the first
respondent the power to investigate the judgment of any court of
law, not to talk of a competent court of law, such as the High
Court and the Court of Appeal.

“Such powers are vested in the court established by the
Constitution and donated to them by Section 6(6) of the 1999
Constitution.

“It is consequently the finding of this court that the first
respondent has no vires to investigate the judgment in suit number:
FHC/ABJ/CS/130/2013 between Lintas International Limited and 238
others versus the Federal Government and three others, and indeed,
any matter connected thereto”, he held.

The judge further found that having issued investigative
reports, clearing the applicant of any wrongdoing, it was wrong for
the EFCC to turn around and claim to be investigating him based on
a supposed petition.

He said it was clear from the evidence before the court that the
EFCC unlawfully detained Nwoko between July 11 and 13, 2016 in
violation of his right to freedom of movement among others.

Justice Mohammed added that EFCC’s letter of the invitation
extended to Nwoko on November 27, 2020, constituted a violation of
his rights to personal liberty and therefore illegal, null and
void.

The Judge then granted eight out of the nine reliefs sought by
the former member of the House of Representative and refused the
ninth relief, which sought N2 billion damages against the
respondents (the EFCC and the Attorney General of the
Federation).