A High Court of the Federal Capital Territory (FCT) on Thursday ordered the<\/p>\n
Economic and Financial Crimes Commission (EFCC) to immediately release the
\ncousin of former President Goodluck Jonathan, Mr. Azibaola Robert.<\/p>\n
The EFCC had on March 23, arrested Robert over alleged diversion $40
\nmillion through One-Plus Holdings, a sister company of Kakatar
\nConstruction and Engineering Company Limited, meant for securing oil
\npipelines. The payment was said to have been made by the detained former
\nNational Security Adviser (NSA), Col. Sambo Dasuki (rtd).
\nFrustrated by his prolonged detention, Robert through his lawyer Chief
\nChris Uche (SAN), approached the court for the enforcement of his
\nfundamental rights.<\/p>\n
In a motion ex-parte dated and filed on April 5 and brought pursuant to
\nOrder 5 Rules 3 and 4 of the fundamental Rights (Enforcement Procedure)
\nRules 2009, Section 35 of the 1999 Constitution (as amended), Uche (SAN)
\nprayed the court to make \u201can order granting his client an interim bail
\npending his arraignment before a court of law by the respondent (EFCC) or
\npending the determination of the substantive motion in this suit.\u201d<\/p>\n
The senior lawyer had submitted that the court was clothed with
\njurisdiction to grant the applicant bail having regard to Order 4 Rule 3
\nand 4 of the Fundamental Rights Enforcement Rules of 2009 as well as
\nSection
\n168 of the Administration of Criminal Justice Act (ACJA), 2015 and Section
\n35 (5) of the 1999 Constitution of the Federal Republic of Nigeria.<\/p>\n
In the suit marked: FCT\/CV\/1370\/2016, Uche drew the court\u2019s attention to
\nthe physical, mental and psychological torture his client had been
\nsubjected to in an underground cell of the EFCC since March 23 when he was
\narrested, and urged the court to grant his client\u2019s request.<\/p>\n
Delivering a ruling on the application yesterday, the trial judge, Justice
\nGoodluck Olasunbor held that Robert\u2019s detention by the EFCC for over two
\nweeks was unconstitutional.<\/p>\n
Justice Olasunbor said that the applicant had disclosed sufficient
\nevidence before the court to warrant the granting of his relief.<\/p>\n
Relying on the extant provisions of the constitution, the judge averred
\nthat under section 35 (5) of the said provision, the constitution provides
\nthat a person who is under arrest or detention shall be brought before a
\ncourt of law within a reasonable time.<\/p>\n
Section 35 subsection 5, 1 defines reasonable time as follows:
\n\u201cIn the case of an arrest or detention in any case where there is a
\ncourt of competent jurisdiction within the radius of 40 kilometres
\nwithin (a) period of one day and (b) in any other case a period of two
\ndays or such longer period as in the circumstance may be considered by the
\ncourt to be reasonable.\u201d<\/p>\n
Justice Olasunbor held: \u201cflowing from the above provisions, and applying
\nthe intentions of the authors of our revered constitution in the instant
\nscenario, the detention of the applicant for a duration of 15 days as at
\ntoday (Thursday, April 7), is far in excess of the constitutionally
\nprovided time for detaining a citizen without his arrest or arraignment in
\na law court.<\/p>\n
\u201cThis court has carefully examined Order 4 Rule 3 and 4 of the Fundamental
\nRights Fundamental Procedure Rules 2009, there it empowers the court to
\nentertain an ex-parte application for the prevention of life or liberty of
\na Nigerian Citizen where exceptional hardship may be occasioned before the
\nservice of the motion on notice.<\/p>\n
\u201cApplying the foregoing provisions as a litmus test to the facts and
\ncircumstances of this case, I am of the view and so hold that this
\nex-parte application is competent and contemplated by the laws of our
\nland. The applicant by this application disclosed that he has been in
\ndetention since 23 March, 2016 in an underground cell. This in this
\ncourt\u2019s view amounts to a deprivation of his movement and his freedom
\ncontrary to the time frame stipulated in the 1999 constitution. I am of
\nthe view that the applicant has disclosed exceptional reason why this
\napplication should be granted. More importantly, order 4 rule 4(1) of the
\nfundamental rights enforcement procedural rules of 2009 empowers this
\ncourt to grant bail or order the release of the applicant forthwith from
\ndetention pending the determination of the motion on notice.<\/p>\n
\u201cSimilarly, lending credence the powers of this court to allow an
\ninterlocutory respite to the applicant in Section 168 of the ACJA 2015,
\nwhich provides that \u201ca judge of a High Court may direct that (a) bail
\nconditions required by a magistrate court or police officer be reviewed be
\nit a defendant in custody in a state of FCT be admitted to bail.<\/p>\n
\u201cMy summation from a community reading of the foregoing statutes, the
\ncourt is empowered to grant bail or order the release of the applicant
\npending the determination of the motion on notice. In the light of the
\nforegoing considerations, this court will be exercising its powers
\njudiciously and judicially by allowing this application.<\/p>\n
\u201cAccordingly, this application succeeds. The applicant is hereby admitted
\nto bail pending his arraignment before a court of law or pending the
\ndetermination of the substantive motion on notice in this suit,\u201d the judge
\nsaid.<\/p>\n
She, however said the applicant\u2019s bail shall be with two sureties. Each
\nsurety shall be a serving or retired Director in any of the federal
\ngovernment ministries or parastatal and must be resident within the
\nfederal capital territory. The applicant shall deposit his international
\npassport to the Chief Registrar of this Court.<\/p>\n
In the same vein, the court ordered the EFCC to release Robert\u2019s colleague
\nand Executive Director of Kakatar Construction and Engineering Company
\nLimited, Mr. Dakoru Atukpa who had also been in detention for the same
\nperiod.<\/p>\n","protected":false},"excerpt":{"rendered":"
A High Court of the Federal Capital Territory (FCT) on Thursday ordered the Economic and Financial Crimes Commission (EFCC) to immediately release the cousin of former President Goodluck Jonathan, Mr.…<\/p>\n","protected":false},"author":1,"featured_media":48301,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[17],"tags":[],"class_list":["post-48300","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-exclusive"],"yoast_head":"\n