Detained cousin of former President Goodluck Jonathan, Mr.
Azibaola Robert, has filed a suit against the Economic and Financial
Crimes Commission (EFCC) at the Federal High Court in Lagos to
restrain the EFCC from issuing a remand warrant against him.
Azibaola, who filed the suit through his lawyer, Mr. Ebun-Olu
Adegboruwa, is challenging his unlawful detention by the anti-graft
agency.
Robert prayed the court to restrain the EFCC from applying for
another remand warrant against him from any court in Nigeria as such
attempt was a ploy to keep him in custody indefinitely.
In his affidavit of facts, Robert claimed that the Federal
Government commissioned him to network with all stakeholders in the
oil sector in preventing pipeline vandalism, illegal bunkering and crude
oil theft.
He stated that the work was duly executed upon payment by the government.
According to Robert, the EFCC invited him to their Abuja office on
March 23 and to his surprise he had been held in its custody since
then.
The applicant claimed that under Section 8 of the Administration
of Criminal Justice Act, he should not be arrested or prosecuted for
any civil contract or transaction.
He, therefore, urged the Federal High Court to hold that Sections
293 and 294 of the Administration of Criminal Justice Act, relied on
by the EFCC, deal with criminal offences attracting capital punishment
and not financial crimes.
He also asked the court to hold that the attempt by the EFCC to
force him to implicate Jonathan as violating Section 7 of the
Administration of Criminal Justice Act.
Robert argued that the Act had outlawed the practice of arresting a
citizen as ransom for the alleged offence of another person.
The applicant, therefore, sought the following reliefs:
A declaration that the respondent is not entitled to arrest,
detain, confine or restrict the liberty of the applicant without a
charge or a trial in an appropriate court.
A declaration that the acts of the respondent, in obtaining remand
orders against him, for the purpose of keeping him in custody in
perpetuity, constitute a flagrant violation of his fundamental rights.
A declaration that the respondent is not entitled, under Section
293 of the Administration of Criminal Justice Act 2015, to apply for
and obtain any remand warrant, for the purpose of keeping him in
custody, in perpetuity.
A declaration that his arrest and detention since March 23 by the
respondent, its agents, servants, officers or otherwise, constitute a
flagrant violation of his fundamental rights.
The applicant sought for an order directing the respondent to
forthwith abstain from applying for a remand order against him over
matters pertaining to financial crimes.
Robert also wants the court to direct the respondent, whether by
itself, its servants, agents, officers or otherwise, to forthwith
release him from unlawful custody.
In the alternative, Robert prayed the court for an order directing
the respondent to institute a criminal charge against him and arraign
him before any court of competent jurisdiction.
He further urged court to direct the EFCC to forthwith grant bail
to him on liberal terms or upon any such conditions of bail already
granted by any court of competent jurisdiction.
The suit is yet to be assigned to any judge for hearing.
