A High Court of the Federal Capital Territory has hit the Economic and Financial Crimes Commission (EFCC) with a fine of N2 million in favour of an applicant, Abubakar Ismaila Isa, for breach of his fundamental rights.

This is in addition to other reliefs granted by the court in favour of the applicant who was represented by Messrs Emmanuel Hassan and Ubong Udoekpo.

Delivering judgement in the case with Suit No: FCT/HC/GAR/CV/290/2024, Abubakar Ismaila Isa vs. EFCC & 2 Ors., Justice Abdullahi held that the defendants contravened Section 35(3) of the 1999 Constitution in the arrest, detention, and interrogation of the applicant.

The court restrained the EFCC, either by themselves or their agents or privies, from harassing, threatening, arresting or detaining the applicant without complying with the provisions of Section 35(3) of the Constitution.

The applicant, Abubakar Ismaila Isa, through his Lead Counsel, Femi Atteh SAN, had dragged the EFCC Chairman, Mr. Ola Olukoyede and Mr. Bawa Usman Kaltunga (Head of AMCON dDesk) to court seeking the following reliefs:

A DECLARATION that the arrest, interrogation and the continued threat to arrest the Claimant/Applicant without informing him, in writing, of the allegations against him within twenty-four hours is unconstitutional and violates his fundamental right as guaranteed by Section 35(3) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).

AN ORDER of Court restraining the Defendants either by themselves, officers, servant, agents, privies or any other person howsoever called and in whatsoever capacity from further violating the constitutional rights of the Claimant/Applicant by further arresting or threat to arrest, detain and/or arraign the Claimant/Applicant without complying with the provision of S. 35(3) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).

N100,000,000.00 (One Hundred Million Naira) only as general damages for infringing on the Claimant/Applicant’s Fundamental Right in contravention of Section 35(3) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).

It is recalled that the Federal High Court (coram Justice M. O. Olajuwon) had vacated an Exparte Order granted to EFCC ordering the freezing of the Account of Abubakar Ismaila Isa.

The court held that “With the foregoing, it is apparent that in obtaining the Order of court, the Applicant/Respondent did not act in good faith and did not give full disclosure so this Court could appropriately deal with its application. The application under consideration also has merit for these reasons. “