From Godwin Tsa, Abuja
Reprieve came the way of detained chieftain of a Peoples Democratic Party (PDP) in Ekiti State and an ally of Governor Ayodele Fayose, Abiodun Agbele as a Federal Capital Territory (FCT) High Court awarded N5 million as damages against the Economic and Financial Crimes Commission (EFCC) as compensation for his “wrongful and illegal detention” from July 1 till date.
Justice Olukayode Adeniyi while ruling on his bail application held that the order of remand obtained by the EFCC from a Magistrates’ Court in Wuse on July 13 after it was served with the processes of the suit, amounted to nullity, saying the order was aimed at foisting a “fait accompli” on the court with respect to the suspect’s suit.
Justice Adeniyi condemned what he described as EFCC’s ‘gross abuse of powers’ and its ‘arrogant display of executive might’ for detaining the suspect illegally.
The embattled politician was arrested by the EFCC in Lagos on June 27 and had since been detained for his roles in the handling of over N1.2 billion on behalf of Fayose during the Ekiti State governorship election in 2014.
Besides, the court ordered that should the EFCC failed to prefer charges against him within 21 days, all his personal belongings seized by the EFCC should be released.
Though, the court ordered the suspect to deposit his passport with the EFCC as part of the bail conditions, the judge directed that it should be released to him should the anti-graft agency failed to charge him within 21 days.
Counsel to Agbele, Chief Mike Ozekhome had while arguing the case, prayed the court to set him free on the grounds that the anti-graft agency had held him in custody beyond the 48 hours allowed by law.
Ozekhome faulted the detention of his client without trial since last month by the agency, adding that the detention was barbaric, unlawful and illegal, and should be voided by the court because it violated the 1999 Constitution.
The legal luminary also prayed the court to award his client N500 million as compensatory damages for his unlawful arrest and detention. Ozekhome asked justice Adeniyi to order the immediate release of his client from the custody of the EFCC in the interest of justice and rule of law and to prove that the EFCC was not above the law when it comes to fundamental rights of individuals.
He said the suit sought the enforcement of his client’s fundamental rights to freedom of liberty, human dignity and the right to acquire and own properties in line with provisions of the 1999 constitution.
But EFCC through its counsel, Mr. Andrew Akoja urged the court to dismiss the suit on the grounds that the fundamental rights of the applicant was not breached or violated, saying he was only arrested based on a strong suspicion that he had committed a crime.
Akoja told the judge that N1 billion was found in the applicant’s account which he could not account for.
Meanwhile, EFCC in its reaction, said it would appeal the ruling. Spokesman of EFCC, Wilson Uwujaren said last night that the commission had filed an appeal against the ruling, which it described, as ‘shocking’.
The commission described Justice Fadeniyi’s conclusion as ‘curious’ against the background of the information presented to the court, which included the fact that the suspect was being held with valid remand warrants issued by competent courts.
The EFCC, however, said it would file a motion for a stay of execution of the ruling.
Agbele was yet to prefect his bail conditions as at 7:00pm yesterday