Fine of N10m Imposed on EFCC and Others for Violating Rights

A Federal Capital Territory High Court made a significant ruling on Monday by imposing a N10 million fine on the Economic and Financial Crimes Commission (EFCC) and three other parties for violating fundamental rights.

Aside from the EFCC, the respondents in the case include the former EFCC boss, Abdulrasheed Bawa, an agency officer named Calistus, and Fidelity Bank Plc.

The judgment was delivered by Justice Peter Kekemeke in a lawsuit filed by Mr. Michael Kundera seeking the enforcement of his fundamental rights.

During the ruling, Justice Kekemeke found that the respondents infringed on the applicant’s rights by unlawfully arresting and detaining him from May 15 to May 16, 2023, without bringing charges or granting bail.

He emphasized that subjecting a 75-year-old man to such treatment was unacceptable.

Declaring the arrest and detention of the applicant unlawful, Justice Kekemeke stated that the actions of the respondents went beyond their authority, violating the applicant’s rights in a matter that had already been resolved by the court.

“The applicant’s case is upheld, and the respondents are directed to individually or collectively pay N10 million to the applicant for violating his fundamental rights,” he ruled.

Furthermore, the judge ordered the respondents to pay an additional N2 million for the legal costs incurred.

In the case with suit no CV/6258/23, Kundera, represented by Dr. O. Orji, informed the court that he was summoned, detained, and denied administrative bail in a case already settled by an FCT High Court.

The issue at hand revolved around a land plot at the foreign affairs quarters that legally belonged to Kundera.

Orji informed the court that the matter is also pending at the Court of Appeal under suit number CA/ABJ/CV/533/2021.

Given that the applicant was 75 years old, his counsel expressed the distress caused by the unnecessary legal actions despite presenting the court’s judgment to the respondents.

Consequently, the lawyer requested the court to declare the arrest and detention of the applicant between May 15 and May 16 as illegal.