You’re acting as if Nigeria is under military rule, Judge blasts EFCC, Army

Orders unconditional release of Col. Ashinze
Badeh’s trial stalled

Justice Yusuf Halilu of the FCT High Court sitting in Jabi area of Abuja on Monday berated both the Economic and Financial Crime Commission (EFCC) and the Army over the detention of Col. Nicholas Ashinze, a former aide to the ex-National Security Adviser, Col. Sambo Dasuki (rtd), describing both organisations as acting as if Nigeria was still under military dictatorship.

Justice Haliru said this while ruling on a fundamental human rights suit filed by Chief Mike Ozekhome (SAN) on the behalf of Col. Ashinze. Col. Ashinze has been in detention since December 23, 2015 when he was arrested by the operatives of the Economic and Financial Crimes Commission (EFCC) for alleged link with $2.1bn arms deal during the tenure of Dasuki. But in spite of the long detention, he has not been charged with any offence. Justice Haliru who in his ruling ordered the unconditional release of Col. Ashinze from custody said the court will not allow the EFCC and the Army to act as in the instant case as if they are above the law, adding that the era of overzealous officers arresting and detaining citizens without arraignment on alleged offence is over.

“The EFCC is a creation of the law. The court will not allow it to act as if it is above the law. It is remarkable to note that the motto of the EFCC is that nobody is above the law, yet they are acting as if they are above the law. “The EFCC Act is not superior to the constitution of the Federal Republic of Nigeria. The respondents in this matter have not behaved as if we are in a civilised society.

They have behaved as if we are in a military dictatorship where they arrest and release persons at will. “The respondents, I must be bold to say- the EFCC and the Army- have behaved like illiterates”, the Judge added. Justice Yusuf Haliru ordered that the applicant be released on bail on self-recognition. He wondered why EFCC kept Col. Ashinze in custody for long without charge, asking whether he has been found guilty by EFCC or the Army without trial.

Justice Haliru said although EFCC and the Nigerian Army who is the employer of Col. Ashinze are creations of the Constitution of Federal Republic of Nigeria, they are to operate within the confine of the laws that established them. According to Justice Haliru,”the detention of Col. Ashinze for three months without arraignment before a competent court or an administrative bail is unfortunate,” “It is illegal, unlawful and a violation of his fundamental human rights to have detained him for more than 48 hours without charge”, he ruled.

Justice Haliru however, refused the applicant’s prayer for perpetual injunction to restrain the respondents from arresting him. He said that such an order will amount stopping EFCC and the Army from carrying out its lawful functions. He also declined to award N500 million damage asked by the plaintiff for the wrongful arrest and detention.

He said Col. Ashinze is a serving military officer and the damage asked of cannot be justiciable. Earlier, before the ruling, an EFCC lawyer, Mr. James Ojogbana, had announced an appearance and urged the court to adjourn the ruling to enable EFCC file response to the suit. Dismissing the EFCC application, Justice Haliru said that all the respondents were duly served with the documents and hearing notices but failed to enter appearance or filed counter affidavit.

The respondents in the suit, the Economic and Financial Crimes Commission (EFCC), the Chief of Army Staff and the Nigerian Army have not shown interest in the matter. Meanwhile, the appearance of a former Attorney General of the Federation (AGF) and Minister of Justice, Chief Akin Olujimi (SAN), on Monday, stalled the scheduled trial of the former Chief of Defence Staff (CDS), Air Chief Marshal Alex Badeh (rtd) for allegedly diverting funds meant for the Nigerian Air Force (NAF). Badeh engaged the former AGF to defend him in the 10-count charge preferred against him and Iyalikam Nigeria Ltd, a company believed to be owned by him.

The Federal Government through the EFCC had on February 29, 2016 filed the charges against the former CDS and his company before a Federal High Court in Abuja. The anti-graft agency alleged that Badeh, while serving as Chief of Air Staff and Iyalikam Nig Ltd, between January and December 2013 did use Dollar equivalent of N1.1 billion removed from NAF’s accounts to purchase for themselves a mansion at Maitama, Abuja. After Badeh’s former lawyer, Samuel Zibiri (SAN), helped him secure his bail last week, the trial judge, Justice Okon Abang, slated the trial to commence on Monday.

When the matter came up, Badeh’s new lawyer, Olujimi sought for an adjournment to enable him prepare adequately for his client’s defence, saying that he had not been adequately briefed by his client. He added that the prosecution had also filed a new proof of evidence that would require time for him to respond to. In his response, the Prosecution Counsel, Rotimi Jacobs (SAN), opposed Badeh’s application for adjournment, saying that the suit was fixed for definite trial on Monday. Justice Abang adjourned the matter till tomorrow, Wednesday, March 16, 2016 for day to day trial. Justice Okon Abang had last week admitted Badeh to bail in the sum of N2 billion and two sureties in the sum of N1 billion each.

Badeh and his company were accused of removing money from NAF’s accounts and did use Dollar equivalent of N650 million to purchase a commercial plot at plot 1386, Oda crescent Cadastral zone Ao7 Wuse ll Abuja. The offence, the EFCC said is contrary to Section 15 (2) (d) of money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15 (3) of the same Act