By Ise-Oluwa Ige
ABUJA—A Federal high court sitting in Abuja has ordered the Economic and Financial Crimes Commission (EFCC) to pay a Port-Harcourt–based businessman, Mr George Ariolu, the sum of N200, 000 as damages for detaining him illegally for ten days without just cause.
The trial high court judge, Justice Adamu Bello awarded the damages against EFCC after establishing that the anti_graft agency had no justifiable reasons for punishing the applicant.
The court had observed that though EFCC had wide powers of arrest under the Act that established it, yet it held that it should be reasonable and have respect for citizens’ rights in the exercise of its powers.
The court did not fail in castigating men of the EFCC who were behind the matter which constituted the subject of litigation.
The trial judge also ordered EFCC to tender unreserved apologies to the business man in three major national newspapers for the unjust treatment meted out to him.
Ariolu, the judgment creditor, had approached the court through an application to enforce his fundamental human rights against the EFCC over his alleged illegal arrest and detention.
Ariolu, in the suit filed on his behalf, by a human rights activist, Mike Igini, contended that he was unjustifiably detained by men of the EFCC in Abuja between November 24 and December 4, last year.
He said he suffered emotional distress, lost business opportunities and that his dignity was unjustifiably trampled upon by his incarceration.
Besides, he told the court that he was also unable to deliver a project which he was handling for Rivers state government as agreed, arguing that his failure would definitely work against his future relationship with the state government.
He also said that he almost lost one of his three children who was suffering from sickle cell anaemia as there was no one to cater for her during his absence.
In an accompanying affidavit deposed to by him, he said the anti_graft agency arrested him on his way to hotel room with a long time friend, one Mr Ukpong who was being investigated by men of the EFCC over allegation of fraud.
He said that he told the EFCC that he knew nothing about the issue being investigated and that his friend, innocent Ukpong joined him to say that he knew nothing about the allegation about him but that he was not released.
He urged the court to declare his arrest and detention illegal even as he asked for court order awarding him damages totaling N50million.
But the EFCC in a scanty counter affidavit said that he was justifiably arrested as a suspect wanting to commit a crime and that he was not detained beyond the time allowed by statute.
The court which established the excesses of men of the EFCC in his judgment said its laconic response to the allegation against it did not help matters.
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