Court awards N5m damages against EFCC


An Imo State High Court, presided over by Justice Eze Fred Njemanze, has ordered the Economic and Financial Crimes Commission, EFCC, to pay Chief Mike Ikenna Ahamba, SAN, “the sum of N5 million as damages and compensation for the violation of his fundamental rights”.
Delivering judgment in suit number HOW/908/2017, which lasted for about one hour, 30 minutes, Justice Njemanze equally ordered the EFCC and the chairman of EFCC, to “pay a cost fixed at N100,000 in favour of the Applicant (Ahamba)”.
“In conclusion, this fundamental right proceeding succeeds as it is meritorious and deserving to be granted. Injunction is granted restraining the Respondents, their agents, servants, officials and all those acting through or under them, from further detention of the Applicant (Ahamba) or further inviting him, save for him to appear before a court of competent jurisdiction over the allegation for trial or for the purpose of issuing a clearance certificate to the Applicant”, Justice Njemanze said.
According to the Judge, “a perusal of the facts adumbrated by the parties in this matter, show that the Respondents did not deny detaining the Applicant for six days, from November 22 to 28, 2017.”
He also said that the Respondents did not deny seizure of the Applicant’s International Passport, adding that they did not equally “deny searching his house with armed guards, like a common criminal, in the full glare of neighbours”.
It was the considered opinion of Njemanze that “the EFCC Act 2004, Section 6, 7, 14, 17, 18 and 28 did not admit of the operators of that Law and Officials infringing on the fundamental rights of citizens of this country or any other person for that matter.”