A Federal High Court in Abuja heard on Tuesday why the Economic and Financial Crimes Commission (EFCC) sponsored a publication declaring wanted the candidate of the Hope Democratic Party (HDP) in the last presidential election, Ambrose Owuru.
Lawyer to the EFCC, Ibrahim Audu, told the court that the commission resorted to the publication when Owuru failed to turn up for trial in respect of a criminal case pending against him before a High Court in Port-Harcourt.
Audu stated that the EFCC made the publication, declaring Owuru wanted after the court issued a bench warrant for his arrest on realising that he was evading trial in the charge the commission filed against him.
He said the criminal charge against Owuru bordered on obtaining money by false pretence.
“He was evading his trial and the High Court duly issued an arrest warrant against him.
“It was on the basis of the arrest warrant that the publication was made,” Audu said.
Audu spoke in reaction to the fundamental rights enforcement suit filed by Owuru and the HDP, in which they, among others queried the propriety of the publication by the EFCC.
READ ALSO: EFCC urges FBI cybercrimes suspects to surrender
It is Owuru’s contention that te EFCC acted unlawfully and violated is fundamental rights when it sponsored a newspaper publication on July 10, 2018, declaring him wanted.
Owuru wants the court to restrain the EFCC from father making such publication.
He is seeking N500million in damages, against the EFCC.
While arguing Owuru’s case on Tuesday, his lawyer, Chukwunoyerem Njoku, argued that the EFC lacked the power to declare anybody wanted without the backing of a court order.
Njoku added: “There is nothing in the exhibit tendered by the respondent (EFCC) that empowers it to make that publication.”
In a counter-argument, Audu noted that there was also no provision of the Administration of Criminal Justice Act (ACJA) that made a court order a condition precedent to declare a defendant facing criminal charges wanted.
He added: “There is nothing in ACJA that says for the publication to be made there must be a court order.”
After taking arguments from both lawyers, Justice Evelyn Maha adjourned until October 7, 2019 for judgment.
Leave a Reply