Justice Adeniyi Pokanu of a Lagos High Court sitting at Ikorodu has ordered the Economic and Financial Crimes Commission (EFCC) to pay N5million for breach of rights of three members of Oniru family.
Justice Pokanu issued the order while delivering judgment last week in a Fundamental Rights Enforcement suit brought by three members of the Oniru family of Lagos against the EFCC.
The 1st to 3rd applicants in the suit number IKD/18238MFHR/2024 are Madam Olamide Liasu Aroworade, Adegboyega Lateef Liasu and Alhaji Musibau Adekunle Liasu, filed through their counsel, Idris Kolawole Thany.
Aside EFCC, other nine defendants in the suit are the Chairman, EFCC, the Zonal Commander, EFCC Lagos, ACE II, Emeka Okonjo, the Deputy Zonal Commander EFCC, Lagos; Mr. Ifeola Investigating officer of EFFC,
Ms Blessing Oghare, Investigating officer of EFFC, Lagos; Western Metal Products Company Limited; Access Bank, Clayhall Properties Limited and Prince Opeoluwa Tijani Oniru.
The suit was filed vide an Originating Motion on Notice dated October 2, 2024 which was sealed on October 3, 2024 in the Ikorodu High Court Registry.
The applicants had approached the court seeking 10 reliefs which included an order of injunction restraining the EFCC and its Officers (sued as the 1st – 6th respondents), their agents, servants or privies from further inviting, arresting, detaining, interrogating and/or threatening to arrest or detain the applicants on the facts of the case.
The applicants also sought damages for the infringement of their fundamental rights by the EFCC and other Respondents.
The respondents were represented in court by their lawyers except the 9th respondent who filed no response despite being served with court papers and hearing notices by the applicants through the Sheriffs of Court.
The applicants amended their Originating Motion on Notice vide the amended originating motion on notice dated April 3, 2025 which was heard and decided last Wednesday.
In its judgment, the court held that the initial invitation of the EFCC to the applicants based on the petition of the 9th respondent, Clayhall Properties Limited, which made criminal allegations against named persons for which the applicants were invited was lawful.
The court, however, found as a fact that the applicants honoured the EFCC invitation and made statements under caution to the EFCC.
The statements which were attached as an exhibit to the counter affidavit of the EFCC were detailed and showed that the petition was based on land dispute within the Oniru Family of Lagos.
The court held that the statements of the applicants changed the character of the case from the criminal allegation contained in the petition to a civil matter bothering on land dispute and for which the EFCC is not empowered in law to dabble into.
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The court held that land disputes are to be adjudicated upon and decided by the courts and not investigated by the EFCC.
The court held that on the strength of the statements of the applicants the EFCC ought to have discontinued investigation and directed the petitioner to seek civil redress in court for the land dispute.
The court held further that the failure of the EFCC to have so directed the petitioner was wrongful and that the continued investigation of the EFCC into the matter was unlawful.
The court held that the directives of the EFCC to the applicants to keep reporting at its offices after obtaining the statements of the applicants is unlawful.
The court held that the likelihood to arrest and/or threat to re-arrest and detain the applicants by the EFCC was a breach of the fundamental rights of the applicants.
The court found further that the seizure of the property subject matter of the dispute between the parties without obtaining a court order prior to the seizure is illegal, unlawful, null and void.
The court, therefore, granted an injunction restraining the EFCC from further inviting, arresting, detaining, interrogating and/or threatening to arrest or detain the applicants on the facts of the case.
The court further directed the EFCC to remove its stickers from the subject property forthwith.
The court proceded to award damages in the sum of N5million against the EFCC and its officers, the 9th respondent and Prince Opemolua Tijani Oniru (the 10th respondent) for the unlawful infringements of the applicants’ fundamental rights.