By Innocent Anaba
A Federal High Court sitting in Lagos, Wednesday, for the second time, ordered the Economic and Financial Crimes Commission, EFCC, to release Mrs. Elizabeth Atuche, wife of Mr. Francis Atuche, former Managing Director of BankPHB, from detention.
Trial Judge, Justice Binta Murtala Nyako, gave the order, following the failure of the anti-graft agency to produce Mrs Elizabeth in court in defiance to her order made on Monday.
Meanwhile, the court has discharged an ex parte order secured by the EFCC attaching Mrs Elizabeth’s personal bank account on the allegations that she was a director of a company the commission was investigating.
Ruling on an oral application by counsel to Atuche, the court also ordered EFCC to immediately admit her to bail, while her (Elizabeth) travelling documents should be deposited with the court.
The court criticised EFCC for refusing to accept court processes served on them, while describing the re-arrest of the accused persons, who were on bail, by the anti-graft agency as an abuse of court process and an attempt to rubbish the court.
The court added that EFCC lacked the power to rubbish the court by arresting an accused person who had been admitted to bail by the court, saying “if EFCC has any reason for the arrest of the accused on bail, it should approach the court to show why the bail should be varied.”
Adjourning further hearing in the matter till May 26, the court ordered that EFCC be served all the processes at its Lagos liaison office.
Atuche’s counsel had earlier informed the court of the difficulties encountered by the court bailiff in an attempt to served the commission of the court orders, urging the court to invoke its powers against the EFCC’s disobedience of the court order to protect the integrity of the court, citing section 36 of the constitution, which guarantees the liberty of the citizen.
It will be recalled that the court had on Monday ordered the EFCC to release Mrs. Atuche immediately and produce her in court, Wednesday, which the commission failed to do.
Mrs Atuche was arrested by EFCC operatives in Lagos on May 3 and had been in detention since then.
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