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 Governor of Rivers State, Sir Siminalayi Fubara, has begun the celebration of Nigeria’s 65th Independence anniversary with a Juma’at service where prayers were offered for the progress of the state and Nigeria.
Governor Fubara, who advocated for peace and unity of Nigeria during the prayers on Friday at the Rivers State Central Mosque, Port Harcourt, indicated that without peace, the accelerated development of Nigeria will remain in a limbo.
Governor Fubara, who was represented by Alhaji Abdurrazaq Diepriye, therefore urged citizens to remain patriotic.
According to him, “Allah has brought us this far. Without peace, we can not have progress and economic development. I call on all citizens irrespective of creed or tribe to remain patriotic.”
He thanked President Bola Tinubu for restoring peace in Rivers State while also using the forum to appreciate security agencies for their relentless effort in upholding the peace and unity of Rivers State and Nigeria.
The Chief Imam of Rivers State Central Mosque, Imam Ibrahim Yaloo, admonished Moslem faithful to always speak the truth, adding that those who obey Allah will be directed to good deeds and their sins forgiven.
Prayers were offered for Rivers State and Nigeria.
Other activities to mark the 65th Independence anniversary in the state include an Inter-denominational Church Thanksgiving Service on Sunday, 28th September and Parade Ceremony on Wednesday, 1st October.
Vice-President Kashim Shettima departed New York on Sunday after representing President Bola Tinubu at the 80th session of the United Nations General Assembly.
In a statement released on Sunday by the VP media aide, Stanley Nkwocha, the Vice President is now headed to Germany, where he will hold strategic meetings with officials of Deutsche Bank.
The statement read, “Vice President Kashim Shettima has departed New York, United States, after successfully representing President Bola Ahmed Tinubu, GCFR, at the 80th Session of the United Nations General Assembly.
“During his participation at UNGA 80, VP Shettima secured UN Secretary-General António Guterres’ commendation for Nigeria’s bid for a permanent UN Security Council seat.
“He also showcased Nigeria’s $200 billion energy transition opportunity to global investors and strengthened strategic partnerships with the UK on trade, defence, and migration issues.”
Nkwocha added that the VP delivered Tinubu’s national statement, calling for UN reforms and a permanent seat for Nigeria at the UN Security Council, and “demanded Africa’s control over its $700 billion mineral wealth, and digital inclusion initiatives.”
“He also engaged with the Gates Foundation on healthcare and education expansion, positioning Nigeria as the natural hub for the African Continental Free Trade Area’s $3.4 trillion market.
“VP Shettima was seen off at John F. Kennedy International Airport, New York, by cabinet Ministers who were part of the UNGA 80 delegation and Nigerian Mission officials.”
The aide noted that Shettima will return to Nigeria immediately after his engagements in Germany.
The Tide source recalls that the VP departed Abuja, yesterday.
He led other Nigerian officials at the Assembly.
As part of Nigeria’s 65th Independence anniversary celebration, the Federal Government held a special thanksgiving service on Sunday at the National Ecumenical Centre in Abuja to offer prayers and give thanks for the nation.
The event drew top government officials and security chiefs, including Senate President Godswill Akpabio and Secretary to the Government of the Federation, George Akume, as well as their spouses.
Other notable guests included Finance Minister and Coordinating Minister of the Economy Wale Edun, former Plateau State Governor, Senator Simon Lalong, and the Chief of Defence Staff, General Christopher Musa, who led the service chiefs in attendance.
Service chiefs present included the Chief of Naval Staff, Vice-Admiral Emmanuel Ogala, Inspector-General of Police Kayode Egbetokun, Comptroller-General of the Nigerian Immigration Service, Mrs Kemi Nandap and Controller-General of the Nigerian Correctional Service, Sylvester Nwakuche, among others.00
The service came days after the government unveiled the official theme and some of the activities slated for the 2025 Independence celebrations.
This year’s anniversary is tagged “Nigeria @ 65: All Hands on Deck for a Greater Nation,” as announced by the Director of Information and Public Relations at the Office of the Secretary to the Government of the Federation, Segun Imohiosen, in a statement on Wednesday.
“As part of activities to mark the 65th Independence Anniversary, the Juma’at Prayer and the Inter-Denominational Church Service will be held on Friday, 26th September at 1 pm and Sunday, 28th September at 10 am respectively, as well as the World Press Conference on Monday, 29th September at 10 am,” he said.
The Tide source had earlier reported that President Bola Tinubu, alongside former Heads of State, Yakubu Gowon, Olusegun Obasanjo and Goodluck Jonathan, is expected as a special guest at a national discourse convened by the Island Club, Lagos, to mark Nigeria’s 65th Independence Anniversary.
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