Obanikoro loses N100m suit against EFCC
Former Minister of State for Defence, Musiliu Obanikoro, has lost his
N100million fundamental rights enforcement suit against the Economic
and Financial Crimes Commission (EFCC).
The case was dismissed on Monday by Justice Abdulaziz Anka of the Federal High Court, Lagos for being incompetent
Obanikoro, his wives, Fati and Moroophat, and his sons, Gbolahon and
Babajide, had sued EFCC for what they termed an unlawful invasion of
their houses and seizure of some of their property.
Through their lawyer, Mr. Lawal Pedro (SAN), the Obanikoros urged the
court to declare the action of the EFFC in ceasing the property on June
14, 2016 as null and void.
They also prayed the court to award N100million damages in their favour
for the violation of their rights to privacy by the EFCC.
But yesterday, the judge upheld the preliminary objection by the EFCC
lawyer, E.E. Iheanacho, who contended that “since the main claim of the
applicants was founded on tort, their principal reliefs are not
maintainable under the Fundamental Rights (Enforcement Procedure) Rules,
2009.”
The judge noted that the applicants’ houses were searched by the EFCC
based on warrants secured by the agency from the Lagos State
Magistrates’ Court.
Justice Anka said that he could not declare the recovered items as null
and void, so as not to foreclose the possibility of the EFCC tendering
them as exhibits in imminent criminal case against the Obanikoros.
He said: “What I grasped as the position taken by the learned SAN for
the applicant is the alleged illegality of the search as well as the
evidence procured therefrom. It is against this background that counsel
seeks to attack the action of the commission and to enforce the
applicants’ fundamental right to privacy as citizens. The question to
ask at this stage is whether the court can be justified to declare the
search warrant as well as the evidence procured therefrom as illegal
considering the possibility of imminent prosecution of the applicants
by the respondent in a criminal court and the court will be seen to
have shut out the respondent whom by statutory duty has the power to
investigate and prosecute persons involved in economic and financial
crimes.-The Authority
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