Jennifer Ugwueke
The Federal High Court, Abuja, on Thursday, restrained the Economic and Financial Crimes Commission (EFCC) from inviting, harassing and threatening to arrest or detain Mike Ozekhome, for criticising the former acting Chairman of the commission, Ibrahim Magu.
Delivering judgment, Justice Inyang Ekwo held that serial acts of intimidation and constant invitations of Mr Ozekhome, a well-known Senior Advocate of Nigeria, by the EFCC were illegal, unlawful, wrong and unconstitutional.
The lawyer had told the Court that the intimidation, invitations as well as threats to arrest, detain and humiliate him were over publications and speeches he made.
The respect to the “apparent opaqueness and lopsidedness” of the corruption fight of the EFCC under the leadership of Mr Magu.
The Court held that the action of the agency constituted a violation of Mr Ozekhome’s fundamental rights as enshrined in sections 35, 37, 39 and 41 of the 1999 Constitution (as amended).
The Court said the action of the anti-graft agency also contravened 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.
Rights enforcement suit
The judgement was sequel to a fundamental rights enforcement suit instituted by Ozekhome in the Court.
The EFCC, Mr Magu and one operative, Abubakar Madaki, were named as the first to third respondents in the suit marked FHC/ABJ/CS/324/2018.
Mr Ozekhome had told the Court that aside from repeatedly summoning him to appear for questioning, the EFCC froze his bank account after he was paid his legal fees totaling N75 million by the former Governor of Ekiti, Ayodele Fayose.