News
‘EFCC Can’t Declare Anyone Wanted Without Court Order’
The High Court of the Federal Capital Territory, yesterday ruled that the Economic and Financial Crimes Commission (EFCC) lacks the powers to declare anyone wanted without first obtaining a court order for that purpose or charging the suspect with an offence.
The presiding judge, Justice Othman Musa ruled that although the EFCC could declare persons wanted who fail to honour its invitation for investigation, it could only do so if it obtains a court order for that purpose.
The judge made this pronouncement in a fundamental rights enforcement suit filed by the Chief Executive Officer of AITEO Group, Benedict Peters.
Peters had, in the suit marked, FCT/HC/CV/23/2017, accused EFCC of declaring him wanted on its website without following due process.
The EFCC and the Attorney-General of the Federation were the respondents to the suit.
The plaintiff, through his lawyer, Mike Ozekhome (SAN), contended that his declaration as wanted by the EFCC to declare him wanted without a pending charge against him or a valid court order to that effect was a violation of his fundamental rights.
The EFCC had said Peters was being investigated in relation to his alleged involvement in the $115million allegedly used by agents of the past administration to bribe officials of the Independent National Electoral Commission during the 2015 election.
The anti-graft agency said it declared Peters wanted after obtaining an arrest warrant from the Magistrates’ Court in Lagos, following his refusal to hononur invitations sent to him.
But Justice Musa, in his judgement, noted that there were discrepancies in the dates in a copy of the bench warrant tendered by the EFCC.
He said it was wrong for the EFCC to declare Peters wanted on the basis of the bench warrant, which he noted, did not contain any instruction to that effect.
The judge held that EFCC’s decision to declare Peters wanted, without first obtaining a court order to that effect or filing a charge against him in court, was a violation of his fundamental rights, particularly the right to freedom of movement.
He ruled, “The 1st respondent (EFCC) has the power to declare anyone wanted upon meeting all the conditions precedent.
“There cannot be a valid restraint of individual’s right to movement without the order of a court.”
He set aside the declaration of the applicant wanted by the EFCC.
But the judge refused to set aside the arrest warrant got against Peters by the EFCC.
The judge did not also make any pronouncement on the applicant’s prayer for an order directing the EFCC to publicly apologise to him.
He also refused to award any cost against the EFCC.
The judge had earlier dismissed the preliminary objection by the AGF challenging the jurisdiction of the court to hear the matter.
The judge held that contrary to the AGF’s contention, both the state High Court and the Federal High Court had jurisdiction over fundamental rights enforcement suits.
The Chief of Army Staff (COAS), Lt.-Gen. Waidi Shaibu, has tasked troops of Operation SAVANNAH SHIELD to dominate the battlespace and intensify offensive operations against kidnappers, bandits and other criminal elements in the North Central region.
Shaibu gave the directive yesterday during his maiden operational visit to the Headquarters, Joint Task Force North Central (JTF-NC), at Sobi Barracks, Ilorin.
This is contained in a statement by the Acting Director, Army Public Relations, Col. Appolonia Anele, in Abuja, yesterday.
Shaibu said the Nigerian Army would remain resolute in its constitutional responsibility of safeguarding lives and property, stressing that troops must sustain pressure to decisively deny criminal elements freedom of action.
He assured personnel of continued deployment of combat enablers and operational resources to enhance clearance operations and dismantle criminal hideouts across Kwara and Niger states.
The COAS reaffirmed his commitment to troop welfare, noting that improved welfare remained critical to sustaining morale, operational effectiveness and combat readiness.
He urged the troops to remain disciplined, professional and loyal to the Constitution and the democratically elected government.
Earlier, the Theatre Commander, JTF-NC Operation SAVANNAH SHIELD, Maj.-Gen. Yakubu Yahaya, commended the COAS for his strategic leadership and support.
Yahaya assured that troops would remain committed and steadfast in restoring peace and stability in the region.
The Nigerian Navy says it is expanding training and infrastructure to address emerging security threats and strengthen operational efficiency across formations and units nationwide.
The Chief of Naval Staff, Vice Adm. Idi Abbas, spoke during the inauguration of projects at the Nigerian Navy Basic Training School (NNBTS) in Onne, Rivers as part of activities marking the Nigerian Navy’s 70th anniversary.
Abbas, represented by the Flag Officer Commanding, Naval Training Command (NAVTRAC), Rear Adm. Ebiobowei Zipele, said the projects reflected significant progress made by the navy since its establishment in 1956 from the British Royal Navy.
“Training and infrastructure have improved significantly to meet contemporary security challenges and fulfil the navy’s constitutional responsibilities.”
According to him, the anniversary provides the navy an opportunity to reflect on its achievements and contributions over the past seven decades.
Projects inaugurated included a remodelled female trainees’ hostel accommodating more than 500 occupants and an expanded golf course upgraded from one to nine holes.
Others were the NNBTS fuel dump, Chief Boatswain’s Mate House, renovated pharmacy department and a new theatre block at the Naval Medical Centre, Onne.
Abbas described the new theatre as a major milestone for the navy’s medical services.
“Previously, injured personnel requiring surgeries were referred outside the facility.
“With this theatre, surgeries can now be conducted within the base.’’
He added that a 30KVA inverter had also been installed to guarantee uninterrupted electricity supply at the training school.
The naval chief assured officers, ratings and trainees that the navy leadership remained committed to their welfare and wellbeing.
“These infrastructure upgrades show the commitment of the Chief of Naval Staff to addressing operational and welfare challenges promptly,” he said.
In addition, NAVTRAC distributed educational materials to pupils of Community Primary Schools One and Two, Ogale, in Ebubu-Eleme area of Rivers.
Items distributed included exercise books, school bags and other writing materials as part of the navy’s civil-military engagement initiative.
Zipele said the outreach was designed to strengthen relations between the navy and host communities while supporting children’s education.
“Education remains critical to national growth and youth empowerment. Some of these pupils may eventually serve in the Nigerian Navy,” he said.
He noted that the initiative demonstrated the navy’s commitment to educational development, peace, security and sustainable community relations.
Zipele urged the pupils to remain disciplined, focused and committed to their studies while embracing patriotism, integrity and hard work.
He thanked the Ebubu community for its continued support for the naval training command headquarters and the navy.
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