Court Awards N5m To Fayose’s Aide For Unlawful Detention

The High Court of the Federal Capital Territory, Abuja, on Thursday, admitted Abiodun Agbele, an aide to Governor Ayodele Fayose of Ekiti State to bail in the sum of N50 million and one surety in the like sum. However, the court condemned Agbele’s detention by the Economic and Financial Crimes Commission (EFCC) without trial or lawful court order and awarded a fine of N5 million on the anti-graft agency in favour Agbele as compensation for his unlawful arrest and detention. Delivering judgment in the fundamental human rights enforcement suit brought by Agbele against the EFCC, Justice Olukayode Adeniyi held that the detention of Agbele since July 1, 2016 till date in Abuja was wrongful, unlawful, unconstitutional and a gross violation of the fundamental rights of the applicant. In the judgment that lasted about one hour, Justice Adeniyi agreed with counsel to the applicant, Mr. Olalekan Ojo that the detention of the applicant beyond the period stipulated under Section 35 of the 1999 Constitution (as amended) was a gross violation of the rights of the applicant to freedom of liberty, dignity and right to own properties. Stating that the action of the EFCC was a brazen violation of the applicant fundamental rights, the judge decried the practice by law enforcement agencies depriving individuals of their rights under the guise of performance of their statutory functions. He said that the fine was imposed to compel the agency to learn that it must operate within the ambit of the law. The court also took swipe at the EFCC for not being honest to the Magistrate Court who ordered the remand of Agbele. “If the Magistrate Court had been informed of the pendency of this fundamental rights suit, definitely, it will not have granted the remand order, upon which the applicant was detained. “The detention of the applicant after a suit had being lodged at this court is unconstitutional and illegal as the applicant has already ran to this court to seek refuge from the violation of his rights by the respondent”, he said. He voided the remand warrant order issued by the Magistrate Court as of no effect on the applicant, having been obtained during the pendency of the instant case. Justice Adeniyi also lambasted the anti-graft agency for imposing stringent bail conditions on suspects contrary to sections 30-33 of the Administration of Criminal Justice Act (ACJA) 2015. He wondered why EFCC that claimed it granted administrative bail to the applicant turned around in the court and vehemently objected to the plea of the applicant for a court bail in line with constitutional provisions. “What is more, the era of imposing outlandish bail conditions has gone in view of the provisions of the new laws. Bail conditions should not be more that what Sections 30-33 of the ACJA stipulated because every person is entitled to bail. “Time has come for security agents, especially the EFCC to learn how to employ the best standard practice in the discharge of their duties”. The court asked Agbele to provide a surety who must be a top rank civil servant with the Federal Government or any of its agencies with a residence in Abuja. According to the judge, in the alternative, Agbele should seek for a responsible citizen of Nigeria with property in Abuja, who has evidence of three years tax payment as his surety. Such a surety should swear to an affidavit of means. The applicant was also ordered to deposit his international passport with the EFCC and that the anti-graft agency should release all the property seized from the applicant within 21 days if he is not charged before the court.