A Federal High Court in Abuja has restrained the Economic and Financial Crimes Commission, EFCC, from inviting, harassing or threatening to detain an Abuja based lawyer, Mike Ozekhome, for criticising its former Acting Chairman, Ibrahim Magu.
The court, in a judgment delivered by Justice Inyang Ekwo on Thursday in a fundamental right enforcement suit by Ozekhome held that serial acts of intimidation and constant invitations the anti-graft agency extended to the senior lawyer over publications and speeches he made “in respect of alleged lopsidedness of the corruption fight of the Commission under Magu were illegal and unconstitutional.
Justice Ekwo held that the action of the agency constituted a blatant violation of the applicant’s fundamental rights as enshrined in Sections 35, 37, 39 and 41 of the 1999 Constitution having established harrasment by the Respondents.
Ozekhome had in the suit, told the court that EFCC had continued to harrass him for being a vocal critic of the lopsided nature of President Muhammadu Buhari’s anti-corruption war led by Magu.
He told the court that aside from repeatedly summoning him to appear for questioning, the agency, froze his bank account after he was paid his legal fees totalling N75million, by former Governor of Ekiti State, Ayodele Fayose.
He said he did not commit any offence to warrant the incessant invitations and threats to arrest, detain or declare him wanted by the respondents, adding that the account from which the N75m was paid to him, belonged to the former governor of Ekiti State, Fayose, who he said had not been convicted by any court to warrant labelling the money proceeds of crime.
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Consequently, he prayed the court to among other things, declare that he was entitled to receive legal fees for professional services he rendered to clients, including to Fayose and that he is not bound or obligated to determine the source of funds used in paying for legal services he rendered.
The applicant further asked the court to compel EFCC to publish an unreserved apology to him in three prominent dailies for the breach of his rights and direct the respondents to jointly and severally pay the sum of N5billion to him as examplary damages for a wanton violation of his rights.
However, the EFCC, in a counter-affidavit deposed to by one of its operatives, Usman Aliyu, said Ozekhome was being investigated for a number of cases bordering on money laundering and tax evasion, based on intelligence reports from the Nigeria Financial Intelligence Unit, NFIU and urged the court to dismiss the suit.
Editor-Oloyede Oworu
