Court Orders EFCC to Pay N2m for Rights Violation

Justice A. Abdullahi of the High Court of the Federal Capital Territory (FCT) has ruled in favor of Abubakar Isa in a landmark judgment against the Economic and Financial Crimes Commission (EFCC), ordering the commission to pay N2 million in damages for violating Isa’s fundamental rights. This judgment came after Isa filed a suit challenging the EFCC’s unlawful actions during his arrest, detention, and interrogation.

In delivering the judgment over the weekend, Justice Abdullahi found that the EFCC breached Section 35(3) of the Nigerian Constitution, which safeguards the rights of individuals during arrest and detention.

The court specifically held that the EFCC failed to comply with constitutional provisions that require informing a detainee in writing of the reasons for arrest within 24 hours, thus infringing on Isa’s constitutional protections.

In addition to awarding the claimant N2 million in damages, the court issued an injunction restraining the EFCC, its agents, or any persons acting on its behalf from further harassment, threats, arrest, or detention of Isa without strictly adhering to the stipulations of Section 35(3). This restraining order is intended to prevent any future violations of Isa’s fundamental rights by the EFCC or its officials.

The suit, brought forward by Isa through his lawyer, Senior Advocate of Nigeria (SAN) Femi Atteh, named not only the EFCC but also its chairman, Mr. Olanipekun Olukeyede, and Mr. Bawa Kaltunga, Head of the AMCON Desk, as defendants.

Isa sought a declaration from the court that the EFCC’s actions—specifically, the arrest, interrogation, and threats without proper written notification—were unconstitutional and in breach of his rights under Section 35(3) of the 1999 Constitution (as amended).

Furthermore, the suit demanded a court order preventing the defendants, whether acting personally or through representatives, from continuing to violate Isa’s constitutional rights.

This recent judgment builds on earlier legal battles between Isa and the EFCC. Last year, in the Federal High Court case No. FHC/ABJ/CS/407/2024, Justice M. Olajuwon had already delivered a significant ruling when he set aside and vacated an ex-parte court order that the EFCC had obtained to freeze Isa’s bank accounts. In that ruling, Justice Olajuwon criticized the EFCC for failing to act in good faith and for withholding critical information, which led the court to determine that the EFCC’s application lacked merit.

The judge’s words in that earlier judgment underscored the EFCC’s procedural lapses: “With the foregoing, it is apparent that in obtaining the court order, the applicant/respondent did not act in good faith and failed to make full disclosure, thereby preventing the court from appropriately dealing with the application. The application under consideration also has merit for these reasons.”

Together, these rulings reinforce the judiciary’s stance on protecting citizens’ constitutional rights and ensuring that government agencies like the EFCC operate within the limits of the law, particularly in matters involving arrest, detention, and financial sanctions.