Court slams EFCC, Police for meddling in civil disputes

Justice Alexander Owoeye of the Federal High Court in Lagos has declared that the Economic and Financial Crimes Commission (EFCC) and other security agencies lack the legal authority to intervene in civil disputes, including land matters.

The judge arrived at the verdict while delivering judgment in a suit marked FHC/L/CS/945/202, filed by Tips Nigeria Limited and its alter ego, Otunba Kunle Akeushola, who sued the EFCC and three others over what they described as illegal harassment and intimidation arising from a private land transaction.

Joined in the suit were Michael Wetkas (ACE 2 of EFCC), and Mr Erunhunomase Nelson and Mrs Esther Folake Nelson, who were alleged to have used the EFCC to instigate unlawful harassment against the applicants.

Through their counsel, A.G. Giwa-Amu, the applicants sought, among other reliefs, a declaration that the actions of the EFCC and its agents, allegedly acting on the request of the Nelsons, constituted a gross violation of their constitutional rights to personal liberty and freedom of movement as guaranteed under Sections 34, 35, and 41 of the 1999 Constitution.

They also sought a perpetual injunction restraining the EFCC and its agents from further harassment under the guise of investigation into the land matter and demanded N10 million in damages for alleged violations of their fundamental rights.

However, the EFCC and the Nelsons, through separate counsel, challenged the court’s jurisdiction via preliminary objections, insisting the court lacked authority to hear the matter.

In his judgment, Justice Owoeye dismissed the objections, asserting that Section 46 of the 1999 Constitution grants the Federal High Court special jurisdiction to entertain any matter involving the breach of fundamental rights, regardless of who the violator is.

The judge further stated that, “The Economic and Financial Crimes Commission and all law enforcement agencies are precluded by law from dabbling into disputes arising from civil disputes and matters of contract or that touching on land as in the instant case.”

He emphasised that the EFCC had overreached its statutory powers by issuing an invitation to the applicants in a matter solely related to a disputed plot of land, which ought to have been addressed through the civil court process.

“Having read Exhibit EFCC 1, the 1st and 2nd respondents ought to have been bold enough to advise the 3rd and 4th respondents to seek a resolution of their grievance in court instead of issuing a letter of invitation to the applicants.

“The letter of invitation is ultra vires the statutory powers conferred on the EFCC,” Justice Owoeye ruled.

The court agreed that the applicants were within their rights to seek redress, noting that no individual or institution is above constitutional provisions safeguarding personal liberty and freedom of movement.

“The applicants are right to seek redress in this court. They are entitled to the declaratory relief sought by them,” the judge stated.

Accordingly, the court declared that the harassment of the applicants by the EFCC, instigated by the Nelsons, was a gross violation of their fundamental rights and a threat to their liberty and freedom of movement.

However, while granting the declaration, the court refused the monetary compensation of N10 million and other injunctive reliefs requested.

Justice Owoeye held that the declaratory relief sufficed in the circumstances, and ordered that each party bear their legal costs.

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