The powers of the Economic and Financial Crimes Commission to arrest and detain individuals have been questioned and faulted by a federal high court.
In a suit on violation of fundamental human rights filed by the Administrative manager of a firm, Rana Prestige Nigeria Industries Limited, Adewale Adeniyi, challenging the EFCC for arresting and detaining him without a warrant of arrest, Justice Yusuna said “before anyone is validly arrested and detained, there must be preliminary in vestigation into the allegations against them.”
Mr. Adeniyi was arrested by the EFCC following a petition by Mrs Rachadatou Abdou, who co-owns the company he worked for.
He was claiming claiming N30 million as general, exemplary and aggravated damages for the violation of his rights, as well as N10 million as cost of the suit.
The court which sat in Lagos awarded N12m against the EFCC.
“There is no evidence that there was a preliminary investigation into allegations against him before the arrest.
“No order of court authorising the arrested was exhibited before the court. The respondents acted irrationally without following due process,” the judge held.
Justice Yusuna said before anyone is validly arrested and detained, there must be preliminary in vestigation into the allegations against them.
Justice Yunusa said security agencies must exercise restraint at all times and must not be “intoxicated” by the enormous powers they possess.