.…. Orders
Immediate Release of Plaintiff's Travel Documents, Removal from Watch-list
An Abuja
High Court has ordered the Economic and Financial Crimes Commission (EFCC) to
pay a sum of N10m damages to an Abuja based foreigner and security expert Mr.
Wolgang Reinl over his unlawful detention and seizure of his international
Passport by the anti-graft agency.
The N10m
fine was imposed on EFCC as compensatory damages for the violation of
fundamental rights of Wolgang Reinl to dignity of human person and personal
liberty.
The court
also barred the EFCC from arresting, re-arresting, detaining or embarking on
further seizure of the international passport of the plaintiff who is an
Austrian Security consultant.
In his
judgment in the legal action instituted by Wolgang Reinl to challenge his
arrest and detention since December 12 2015 to February 2, 2016, Justice Peter
Affen ordered that EFCC must forthwith release the international passport,
cheque books and cell phones seized from the plaintiff in the wake of his
arrest and detention.
Justice
Affen in 27-page judgment also ordered EFCC to delist the foreign security
expert from their watch-list or no-fly list as doing so infringes on the
fundamental rights of Reinl to freedom of liberty.
The court
held that the detention of the plaintiff at the EFCC custody in Abuja for over
a month was unlawful, unconstitutional and constituted a gross violation of the
plaintiff fundamental right to dignity as enshrined in Section 34 and 35 of the
1999 Constitution.
Reinl had
through his lawyer Mr Afam Osigwe dragged the EFCC before the Abuja High Court to
challenge his arrest and detention by the anti-graft agency for no just cause.
He claimed
that 5 operatives of the EFCC had in December last year stormed his Abuja residence
without lawful court order and search warrant invaded his house and made away
with his properties on the ground that they were investigating a money
laundering matter.
The
plaintiff also claimed that the 5 EFCC operatives refused bluntly to identify
themselves and forcefully took him to their Wuse office where he was detained
for 5 weeks and his properties confiscated.
In the suit,
the plaintiff prayed the court for an order of injunction restraining EFCC by
itself, servants, privies, agents or whosoever purporting to act on its behalf
from violating or further violating his fundamental right as guaranteed by the
Section 34, 35 and 43 of the 19999 Constitution.
The
plaintiff prayed the court for an order to remove his name from EFCC watch-list
and to direct the anti-graft agency to tender a public apology to him and also
for the immediate release of his international passport and other confiscated
properties.
In its
defence, the EFCC flatly denied ever arresting, detaining or seizing any
property of the security expert as their detention records did not indicate
anything like that.
However, in
his judgment, Justice Affen said “it occurs to me however that whereas the
plaintiff specifically mentioned CSP Sharu and Madaki as two investigating
officers involved in his arrest and detention, the counter affidavit by the
respondent is deafening silent as to whether or not the duo of CSP Sharu and
Madaki are the respondent’s operatives.
“The law is
well settled that where specific facts have been alleged against any person, it
is that person but no other who may deny or refute those facts.”
“It
therefore seems to me that feeble spirited denial in the counter affidavit is
not sufficient in law to dislodge the plaintiff allegation and I cannot but
find and hold that plaintiff was arrested and detained by the respondent for
about five weeks from December 28, 2015 to February 5, 2016 as alleged and
which constitutes a flagrant violation of the plaintiff fundamental rights to
personal liberty”.
“I equally
find and hold that the EFCC seized or confiscated the plaintiff international
passport in flagrant violation of his right to freedom of movement as
guaranteed under Section 12 of the African Charter.”
While
acknowledging the onerous statutory responsibility of EFCC in investigating
financial crimes, Justice Affen urged the body and other law enforcing agencies
to “necessarily keep within the detention timelines prescribed by law as well
as scrupulously observe the procedural safeguards required of them in order to
maintain the delicate balance between law enforcement on one hand, and
according due regard and recognition to human rights on the other hand.
“It cannot
be over-emphasized that law enforcing agencies must operate within the confines
of the laws they are required to enforce in order to make law enforcement more
effective and effectual”.
“Law
enforcers must observe and ensure the observance of ‘the law behind the law’ by
demonstrating a moral commitment to the very laws they are required to enforce,
for without such moral commitment to the law ‘who will guard the guard, and who
will police the police.’
“Any failure
or neglect by them to observe that timelines and safeguards may constitute an
infraction of rights guaranteed and protected by the constitution which the
supreme law of the land and from which other laws derived their validity,” the
Judge said.
By PRNigeria
No comments:
Post a Comment