Court Orders EFCC To Pay N5m To Saraki’s Ally For Illegally Declaring Him Wanted
A Lagos Federal High Court, Thursday, ordered the Economic and Financial Crimes Commission (EfCC) to delete the name of a businessman, Dr. Kennedy Sule Izuagbe, from its websites as a wanted person.
The court presided over by Justice Lewis Allagoa, also ordered the EFCC to publish unreserved apology to the businessman in its websites and social media.
The court also awarded a cost of N5 million, against the EFCC for breaching the businessman’s fundamental rights.
Justice Allagoa made the above orders against the EFCC, while delivering Judgment in a fundamental rights Enforcement suit brought against the agency by the Businessman, Dr. Izuagbe.
Dr. Izuagbe had dragged the antigraft agency before the court through his lawyer, Mrs. Ifeoma Esom, in a suit marked FHC/L/CS/2127/2021, wherein he sought for the following reliefs: a declaration that the Respondent has no power or authority to declare him “wanted” without any order of a court of competent jurisdiction and in the absence of any facts providing reasonable suspicion that the Applicant has committed an offence to warrant such declaration.
A declaration that the action of the EFCC in declaring him a “wanted person” and publishing his name on its official website without any prior order or leave of a court of competent jurisdiction is illegal, wrongful, ultra vires and constitutes a flagrant violation of the fundamental rights of the Applicant to personal liberty, private and family life, freedom of movement and right to not to be subjected to inhuman and degrading treatment as guaranteed under Sections 34, 35, 37 and 41 of the Constitution of the Federal Republic of Nigeria, 1999 (As amended) and Articles 2, 3(1) & (2), 4, 5, 6, 7, and 2 12(1) of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act 2004.
An order nullifying his declaration as a Wanted person and the publication of his name among the list of wanted persons on the official website of the Respondent.
“An order directing the EFCC to forthwith remove his name, Kennedy Sule Izuagbe, from the list of “Wanted Persons” published on its official website and to publish a retraction of that declaration in one national newspaper circulating within Nigeria within 7 days of the judgment of this honourable court.
“An order for the payment of the sum of N500 Million as compensation for the violation of his fundamental rights to personal liberty, freedom of movement and right to private and family life right to not to be subjected to inhuman and degrading treatment as guaranteed under Sections 34, 35, 37 and 41 of the Constitution of the Federal Republic of Nigeria, 1999 (As amended) and Articles 2, 3(1) & (2), 4, 5, 6, 7, and 2 12(1) of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act 2004 by reason of the publication and continued retention of the name of the Applicant amongst the list of “wanted persons” on the Respondent’s official website.
In urging the court to grant the application, Mrs. Esom told the court that her client, Dr. Izuagbe, had two Judgments delivered by Justice Muhammad Limam and Justice Oluremi Oguntoyinbo, both of the Federal High Court, which exonerated his firm, Carlisle Property and investment Limited from all forms of allegations.
However, the EFCC in a counter-affidavit deposed to by one of its Litigation Clerk, Babana Job, and argued by one of its Counsel, Ayanfeoluwa Ogunsina, told the court that the agency had sometimes in 2019, received credible Intelligence which revealed an alleged monumental fraud involving about N5 billion, allegedly siphoned from the Kwara State Internal Revenue Service with the active connivance of some private firms/companies including Carlisle Property and investment Limited that which the Kenedy Sule Isuagbe, is the Managing Director.
The EFCC stated tha the said intelligence was investigated and found worthy to be interrogated. And that in the course of the investigation, letter of Investigation were written and dispatched to several individuals, organisation and financial institutions, while replies were received and analyzed.
The Commission also stated that preliminary Investigation showed the applicant and some other persons were fingered in a massive money laundering scheme.
It also states that the applicant was invited to come and explain some aspects of his business dealings and activities of his company, but did not honour the invitation of the Commission but after several persuasions the Commission was able to secure his attendance.
It stated further that That the Commission magnanimously granted the plea of the applicant on medical and humanitarian grounds, but was given a month to report back to the Commission. And that after the expiration of the time given to report, the applicant failed and neglected to show up as promised.
The Commission stated that it had to seek public help and corporation in the most legal way, and it applied for and was granted a warrant of arrest by the FCT Magistrate Court.
The antigraft agency said it was based on the said order of Court the Commission declared the applicant wanted.
Justice Allagoa, while delivering judgement on the suit today, after analysing all processes and arguments canvassed by the Counsel to the parties, overruled the arguments put forward by the EFCC, and held that: “the action of the EFCC declaring Dr. kennedy Sule Izuagbe, as a wanted person, despite an existing two Judgments of the Federal High Court, which superseded the order obtained by the EFCC from a Magistrate Court, in Abuja, amounts to breach of the applicant’s fundamental rights”.
Justice Allagoa consequently ordered that: “the Economic and Financial Crimes Commission (EFCC) to delete the name of a businessman, Dr. Kenedy Sule Izuagbe, from its websites as a wanted person. And to also publish unreserved apology to the businessman in its websites and social media.
The court also awarded a cost of N5 million, against the EFCC for breaching the businessman’s fundamental rights.
