Ned Nwoko’s request for N2 billion in compensation from EFCC is denied by the court
On Friday, a Federal High Court in Abuja dismissed a former lawmaker’s bid for N2 billion in compensation for his three-day wrongful incarceration by the Economic and Financial Crimes Commission (EFCC).
Nwoko had accused the anti-graft agency of illegally detaining him between July 11 and 13, 2016 over a matter in which he had been exonerated in a fundamental human rights enforcement complaint marked: FHC/ABJ/CS/1614/2020.
Justice Ahmed Mohammed, who handed down his decision in the case yesterday, stated, among other things, that he was convinced that the applicant (Nwoko) proved his case that he was wrongfully imprisoned by the EFCC based on the facts presented to the court.
The petition that the anti-graft agency used to summon Nwoko, Justice Mohammed noted, asked the commission to investigate him in relation to a judgment his company, Lintas International Limited, and other companies had previously obtained against the Nigerian government and others in connection with some dealings with the Association of Local Government Nigeria (ALGON).
The judge ruled that the EFCC overstepped its bounds by inviting and holding Nwoko over an issue that the same Commission had previously freed him of.
“The functions and mandate of the first respondent (EFCC) are clearly spelled forth in sections six and seven of the EFCC Act,” the Judge writes.
“The aforementioned Act does not grant the first respondent any authority to investigate the judgment of any court of law, let alone a competent court of law like the High Court or the Court of Appeal.
“Such powers are vested in the Constitutionally formed court and granted to them under Section 6(6) of the 1999 Constitution.
As a result, he stated, “this court determines that the first respondent lacks jurisdiction to analyze the judgment in suit number: FHC/ABJ/CS/130/2013 between Lintas International Limited and 238 others versus the Federal Government and three others, and indeed any issue linked thereto.”
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The judge also considered it improper for the EFCC to claim to be investigating the applicant based on a fictitious petition after issuing investigative findings clearing him of any misconduct.
He claimed that the evidence before the court showed that the EFCC detained Nwoko unjustly between July 11 and 13, 2016, infringing on his right to freedom of movement and others.
According to Justice Mohammed, the EFCC’s letter of invitation, which was sent to Nwoko on November 27, 2020, was a violation of his right to personal liberty, and thus illegal, invalid, and void.
The Judge then granted eight of the nine reliefs requested by the former House of Representatives member, while rejecting the ninth relief, which sought N2 billion in damages from the respondents (the EFCC and the Attorney General of the Federation).
