Businessman slams N50bn suit against EFCC over unlawful detention

Andrew Orolua, Abuja

Chairman and Chief Executive Officer of Galaxy Transportation and Construction Services Limited, Babagana Dalori, has dragged the Economic and Financial Crimes Commission (EFCC) before the Federal High Court in Abuja, praying for N50 billion as aggravated damages for his unlawful detention since March.

In the suit dated July 19 and marked FHC/ABJ/CS/857/2019 that was brought through an originating summons by his lawyer, Ganny Ajape, the plaintiff is also asking the court to order for his immediate release.

Dalori is praying for the award of N50 billion as aggravated damages against the defendant for the gross violation, loss of earnings and physical and psychological trauma occasioned by the sealing of his business premises, freezing of his personal/corporate accounts and his continuous detention without arraignment and trial for over four months.

Among other reliefs, the plaintiff wants a declaration that the EFCC’s order sealing his business concerns and premises without regards to the laid down procedures is unlawful, unwarranted, illegal, over-reaching and a clear abuse of office and privilege.

The plaintiff is further seeking a declaration that the act of freezing his corporate and personal bank accounts by the EFCC is a gross violation of the applicants’ rights as enshrined in Sections 36 (1) and 44 (1) of the 1999 Constitution, and Article 14 of the African Charter on Human and Peoples Rights.

Further, the applicant is praying for an order unfreezing his corporate/personal accounts by the EFCC.

The plaintiff in the suit is asking the court to determine the following questions upon which he is seeking the reliefs.

“Whether upon interpretation of the provision of the constitution, particularly, Sections 36 (1), 43 and 44, the defendant is justified in sealing all the business concerns and premises of the plaintiff without regards to the laid down procedure.

“Whether upon interpretation of the instrument establishing the EFCC and particularly, Section 34 (1) of the EFCC Act and Article 14 of the African Charter on Human and Peoples Right, the defendant did not act ultra vires of its statutory powers when it ordered the freezing of the corporate/personal accounts of the plaintiff without adhering to the legal, regular and proper procedure for so acting.

“Whether upon interpretation of the EFCC Act and the constitution, particularly, Section 35 (1) and (4), the defendant cannot be said to have acted ultra vires of its constitutional powers by keeping the plaintiff in its custody (detention) without bail and/or by directing the plaintiff to deposit the sum of N200, 000, 000 before he can be released on bail.

An affidavit accompanying the originating summons was deposed to by Shuiabu Ojirobe, head of the inspectorate unit of Galaxy Transportation and Construction Services Limited.

The affidavit sworn to on July 22 states that trouble started when the plaintiff who is into transportation, construction and quarry activities could not meet up with financial obligations to their numerous investors due to the embargo on quarry activities by the federal government.

According to the deponent, some of the investors who became impatient authored a petition to the EFCC complaining that the plaintiff was not forthcoming in meeting their financial obligations and return on investment to them.

“The defendant in reaction to the said petition invited the first plaintiff for questioning and have subjected him to unprecedented harassment, intimidation and untold hardship and all efforts to secure his bail since March have proved abortive,” Ojirobe averred.

No date has been fixed for mention of the matter.