The Maitama Division of the Federal Capital Territory High Court has issued a fine of N10 million against the Economic and Financial Crimes Commission (EFCC) and three others on Monday for infringing on fundamental rights.
The other parties involved in the case were Abdulrasheed Bawa, a former EFCC boss, an EFCC officer named Calistus, and Fidelity Bank Plc.
Justice Peter Kekemeke imposed the fine during the verdict of a lawsuit brought by Michael Kundera to uphold his fundamental rights.
The judge determined that the respondents had violated the applicant’s rights by unlawfully arresting and detaining him from May 15 to May 16, 2023, without presenting charges or granting bail.
He further emphasized that subjecting a 75-year-old man to such treatment was unacceptable.
“I hereby declare that the arrest and detention of the applicant from May 15 to May 16, 2023, was unlawful and violated the applicant’s fundamental rights. The harassment of the applicant in a matter already decided by the court is a violation of his rights, and the 1st to 3rd respondents exceeded their bounds.
“The case of the applicant succeeds, and the respondents are ordered to pay the sum of N10 million severally or jointly to the applicant for violation of his fundamental rights,” the judge said.
Read Also:
The judge also ordered the respondents to pay N2 million as a cost for the action.
Mr Kundera, through his counsel, O. Orji, in suit no CV/6258/23, told the court that the applicant was invited, detained, and refused administrative bail in a matter decided already by an FCT high court.
He said that the subject matter was a plot of land at the foreign affairs quarters, which lawfully belonged to the applicant.
According to the applicant’s counsel, the matter is also pending at the court of appeal marked CA/ABJ/CV/533/2021 against the principle of pendente lite.
The applicant prayed for the order of the court to declare that the arrest and detention of the applicant from May 15 and May 16 was unlawful. He added that it was unconstitutional and a gross violation of the applicant’s fundamental rights as guaranteed under sections 35 (4)(5) and 36 (1) and (5) of the 1999 constitution as amended.
“A declaration that the respondents have exceeded their bounds by their continued invitation and threats on the applicant. An order restraining the respondents from the continued invitation, a threat to re-arrest and detain the applicant.
”Payment of the sum of N500 million as exemplary or aggravated damages is an unconstitutional, inexplicable, unjust, uncouth, and barbaric infringement of the applicant’s fundamental rights,” the applicant’s counsel said.
