Justice Gabriel Kolawole of the Federal High Court in Abuja, yesterday ordered the Economic and Financial Crimes Commission (EFCC), to pay the sum of N12.5 million being damages to the son of former Governor Murtala Nyako, Senator Abdulaziz Nyako for unlawful freezing of his account and illegal detention.
The judge, who made the order while delivering judgment in the fundamental rights enforcement suit, held that the applicant, Senator Nyako, son of former Governor of Adamawa State, was detained in the custody of the Commission in excess of the period prescribed by law.
He criticised EFCC over what he termed as “reckless tampering with the rights of citizens in the name of discharging its statutory duties.”
The court also held that by declaring the applicant wanted without evidence of crime amounted to a breach on his fundamental human rights.
Justice Kolawole further accused the Commission of embarking on a judicial fiat which is an unpardonable exhibition of ignorance of the law as the National Assembly never intended to give it the powers of an accuser and a judge.
”The reckless tampering with the rights of citizens in the name of carrying out statutory duties is an act to subvert not only the letters, but the spirit of the Constitution.
The equally held that the EFCC acted illegally beyond their powers to have frozen his personal account for two years (without a valid court order).
“The action of the respondent (EFCC) amounted to usurping the powers of court by entering a final determination of guilt on the applicant,”
Adding that “the prove of guilt can only be undertaken by courts of competent jurisdiction and not by any agency including the EFCC”.
Thebreakingtimes
No comments:
Post a Comment