- Berates anti-graft agency for gross abuse of power
The Court of Appeal in Abuja on Wednesday cautioned the Economic and Financial Crimes Commission (EFCC) to stop being oppressive in its activities against Nigerians
The appellate Court’s hiding followed the dismissal of an appeal filed against the judgment of the Federal High Court in Abuja that the Commission abused its power in handling a case involving businessman Babatunde Morakinyo.
In its ruling, the panel said EFCC’s decision to re-arrest Morakinyo on the premises of a court after meeting his bail conditions is an abuse of power and a breach of his fundamental rights, describing the action as “oppressive, repressive and condemnable”.
The three-man panel’s lead judgment delivered by Justice Hussein Mukhtar said the verdict of the Federal High Court in Abuja was unambiguous and without misdirection or error, adding that re-arresting the respondent was ‘willful, unlawful, and condemnable.’
According to Justice Mukhtar, the fundamental rights of Nigerian citizens to liberty and human dignity, guaranteed under Section 35(6), were unassailable and could not be ignored as the EFCC did in its handling of Morakinyo’s case.
The panel also upheld the March 1, 2021 ruling by Justice Inyang Ekwo of the Federal High Court in Abuja that EFCC’s detention of Morakinyo after two High Courts in Lagos and Abuja had admitted him to bail was a gross abuse of statutory powers.
Similarly, the appellate court also held that the anti-graft Agency’s claim that it arrested Morakinyo after he had perfected the earlier bail the courts in Lagos and Abuja granted him was misconceived and untenable in law.
Furthermore, the Court reduced from N50 million to N10 million the damages initially awarded to the respondent by the Federal High Court against the EFCC on the grounds that the fine was excessive.
On March 19, 2021, the Commission had arraigned Morakinyo on a 23-count charge, accusing him of engaging in money laundering. However, the respondent pleaded not guilty and was granted N200 million bail with two sureties, among other conditions.
Following the court endorsement of his release order having met the bail conditions a few days later, EFCC operators re-arrested Morakinyo the same day before he could exit the court premises. He was thereafter detained at the Agency’s facility in Jabi, Abuja.
