THE Federal High Court in Abuja has held that the Economic and Financial Crimes Commission (EFCC) was wrong in confiscating two luxury cars belonging to a suspect.
Justice Elvis Chukwu, in a judgment, held that the EFCC acted illegally in seizing the vehicles belonging to a former presidential candidate and National Chairman of the African Liberation Party (ALP), Dr. Emmanuel Osita Okereke, without a court order.
The judge ordered the commission to release both cars.
The EFCC had on January 23 this year, arrested Okereke, also a former head of the now disbanded taskforce against unlawful importation and smuggling of goods, small arms, ammunition and light weapons, on suspicion of alleged criminal conduct.
His two vehicles – Toyota Land Cruiser SUV with registration No. FE 03 ABJ and a Toyota Hilux pickup with registration number FE O16 ABJ – were confiscated by the EFCC.
Although he regained freedom three days later, on January 25, the EFCC held on to his cars, a development that compelled him to sue.
In the fundamental rights enforcement suit, Okereke challenged his undue detention and the continued seizure of his vehicles.
He said both actions by the EFCC violated his rights as guaranteed under Sections 35 and 44 of the Constitution.
Okereke accused the EFCC of sponsoring publications in the media to smear his image and brand him a rogue.
He sought a compensation of N5million against the commission.
In its counter argument, the EFCC denied any wrong doing.
It argued that the plaintiff was invited for questioning upon reasonable suspicion of his alleged involvement in criminal activities.
The EFCC denied unduly detaining the plaintiff. It said he was granted bail the same day he was arrested, but failed to meet his bail conditions.
The commission argued that a detainee’s inability to regain freedom on time, owing to his/her inability to perfect a bail granted him/her could not amount to undue detention.
EFCC argued that it was within its statutory powers to invite a suspect for questioning upon reasonable suspicion. It said no court could restrain it from exercising such powers.
It denied sponsoring any media publications against the plaintiff.
In the judgment, Justice Chukwu declined to declare the Okereke’s arrest as unlawful as canvassed by the plaintiff. He agreed with the EFCC that having been granted bail, the plaintiff’s failure to perfect the bail on time could not be termed illegal detention.
The Judge upheld EFCC’s powers to arrest and seize properties of any Nigerian upon reasonable suspicion of having committed a crime.
He however held that in this case, the EFCC failed to establish that the two cars seized from the plaintiff were products of crimes.
The Judge held that since the commission was yet to establish that the plaintiff has committed any crime, particularly in relation to the two cars, there was no basis for their continued seizure especially without a court order.
“I agreed that EFCC, as an organ established by law has statutory powers to make arrest. The point must be made here that such arrest can only be based on reasonable suspicious that a crime has been committed”.
“It must also be stated that EFCC has no power to embark on endless seizure of properties of citizens as such could amount to infringements on their right to own properties,”the judge held.
he further held that properties of anybody, including suspects in an alleged crime, could only be lawfully confiscated upon an order of a competent law court.
Judge Chukwu the alleged offending publications against the plaintiff, but declined to award monetary compensation against EFCC.
The Judge held that the Plaintiff failed to prove that the EFCC actually sponsored the alleged malicious publication.
He held that the plaintiff was at liberty to sue any of the media houses for libel.
