Justice Inyang Ekwo of a Federal High Court sitting in Abuja, on Thursday, restrained the Economic and Financial Crimes Commission, from either inviting, harassing and threatening to arrest or detain a renowned constitutional lawyer, Chief Mike Ozekhome, SAN, for criticising its former Acting Chairman, Ibrahim Magu.
Justice Ekwo gave the order while delivering judgement in a fundamental right enforcement suit filed by Ozekhome against EFCC.
Respondents in the suit marked FHC/ABJ/CS/324/2018, were the EFCC, Magu and one of its lead operatives, Abubakar Aliyu Madaki.
By the suit, Ozekhome had claimed that EFCC continued to harrass him for being an outspoken critic of the administration of President Muhammadu Buhari in terms of the anti-corruption war led by Magu.
The court held that serial acts of intimidation and constant invitations the anti-graft agency extended to the senior lawyer, as well as threats to arrest, detain and humiliate him, over publications and speeches he made “in respect of the apparent opaqueness and lopsidedness of the corruption fight of the 1st Respondent (EFCC) under the leadership of the 2nd Respondent (Magu)”, were illegal, unlawful, wrongful, unconstitutional.
It held that the action of the agency constituted a breach of the Ozekhome’s fundamental rights as enshrined in Sections 35, 37, 39 and 41 of the 1999 Constitution (as amended), and Articles 5, 6, 8, 9, 10, 12 & 14 of the African Charter on Human and Peoples’ Rights Ratification and Enforcement Act, Cap. A9 LFN 2004.
The court said it was satisfied that Ozekhome established a case of intimidation and harrasment by the Respondents
The judge held that though the court would always restrain itself from interfering with the functions of statutory bodies like the EFCC, “but that is only in so far as such agency is demonstrably shown to be acting pursuant to the veritable spirit of the law”.
“Where the act of such statutory body is shown to be manifestly predicated on illwill, malice and animosity, the law will intervene.
Independent
