Court refuses to stay execution of N12.5m fine against EFCC

The Federal High Court in Abuja on Tuesday refused to stay the execution of N12.5m fine awarded against the Economic and Financial Crimes Commission (EFCC) in favour of Senator Abdulaziz Nyako for breach of his fundamental rights.

Rather than ordering a stay , the court ordered EFCC to pay the N12.5m to the chief Registrar of the Federal high court Abuja who in turn will deposit the sum in an interest yielding account of a bank of his choice till an appeal filed by EFCC is deposed off.

The court ruling followed a stay of execution filed by EFCC following a purported appeal against a fundamental human rights judgment the judge delivered on June 22, 2016.

Not satisfied EFCC on July 4, 2016, filed a motion on notice asking the court to stay execution of the judgment, claiming it has filed an appeal at the Court of Appeal.

Delivering ruling on the motion for stay yesterday, Justice Kolawole struck out the EFCC application and ordered it to deposit the N12.5 million fine with the Chief registrar of the Federal High Court within 30 days.

He explained that the N12.5 million was imposed on the anti graft agency as a fine for arresting and detaining the senator for three days and freezing all his bank accounts for over two years without a court order, or charging the senator to court.

Justice Kolawale said that there was no circumstantial situation to warrant the stay of the judgment since no cogent reason was placed before the court to enable it use its discretion in favour of the anti graft agency .

He therefore held that the EFCC should within 30 days issue a bank draft in the sum of N12.5 million in the name of the Chief Registrar of the court and that the registrar shall open an interest yielding account in a reputable bank of his choice with the draft.

He said that in the event that the anti graft agency failed to deposit the bank draft within 30 days, Senator Nyako shall have the right to apply for the attachment of the sum (garnishee order nisi).

The EFCC had in a motion on notice praying for stay of execution of the judgment that it will not be able to undertake its statutory functions if the 12.5 million fine is paid to the senator.

The EFCC also informed the court that it had filed a notice of appeal in respect of the judgment of the Federal High Court and that it will be in the interest of justice to delay the payment of the fine till the final decision of the court of appeal on the issue.

But Justice Kolawale disagreed that the EFCC will not be able to function well because of the fine adding that there was no substantial point of law but sentimental arguments canvassed by the agency to pray for stay of execution.

The judge agreed with Senator Nyako that the motion filed by EFCC was a ploy to deny him the fruit of his success arising from the court case against the EFCC and that there was no special circumstance to warrant the grant of stay.

The court held that it had powers to grant stay in the execution of money judgement but said that such discretional powers must be seen to be judicially and judiciously exercised as required by law.

Kolawale also agreed with the respondent that his arrest and the freezing of his account for over two years was a gross abuse of his fundamental rights as a serving senator and a responsible citizen of the country adding that the claim of EFCC that the fine will hamper its performance was not tenable because EFCC is adequately funded by government.

Besides, the judge also upheld the submission of the Senator Nyako that more than a year after the judgement was delivered the anti graft agency had failed to compile records for transmission to the Court of Appeal but claimed it had filed an appeal.

Earlier, the judge had lambasted the EFCC for claiming that the court issued a judicial fiat in respect to the judgment adding that the EFCC as an organisation established by law should learn how to conduct its statutory functions within the ambits of the law

He frowned at the habit of the security agencies in rushing to magistrate courts to obtain detention warrants in the matters where magistrate courts have no jurisdiction adding that such habits amounts to nothing but corruption on its own.

“In this instant case, EFCC cannot be said to be a diligent party having just filed notice of appeal in a judgment delivered over a year ago and did not raise any grounds of special circumstances to granting of the stay of the execution of the judgment .

“The EFCC should wake up and realise that the law that established it is not a cosmetic law but designed to protect the Nigerian citizens from acts of recklessness in the name of performing statutory functions.

Let me say here that it is a political slogan that security agencies cannot be subjected to court order when it goes out of its way to infringe on the fundamental rights of the citizens.

The act of arresting and detaining before investigation is bizarre and must not be condoned by any law court.

Dumping Suspects on remand through magistrate court orders in matters where magistrate courts have no jurisdiction is not only tragic but unfortunate and this trend must be stopped, the security agencies must realise that Nigeria is now being governed through democratic procedure.