THE Economic and Financial Crimes Commission (EFCC) on Thursday attacked the fundamental human rights enforcement suit by the former Group Managing Director of the Nigerian National Petroleum Corporation (NNPC), Andrew Yakubu, filed before a Federal High Court sitting in Abuja.
When the matter came up yesterday before Justice Ahmed Ramat Mohammed, Johnson Ojogbane, representing the anti-graft agency said the Federal High Court in Abuja lacks the jurisdiction to hear and determine the suit on the ground that the alleged breach of fundamental rights of the applicant happened in Kano State.
Ojogbane, in a preliminary objection to the applicant’s originating summons said the Federal High Court in Abuja lacks the territorial jurisdiction to hear the suit filed by the former NNPC boss and urged the court to discountenance the suit.
According to Ojogbane, “The Applicant’s said the action took place in Kano State, outside the jurisdiction of this court and the proper place to institute fundamental rights action is the place where the alleged breached was said to have taken place, which is Kano State.”
He said all the facts relevant to the former NNPC GMD took place in Kano State, which is outside the jurisdiction of the Federal High Court in Abuja.
Earlier, Ahmed Raji (SAN), counsel to the applicant, Yakubu, said his client has being in custody of the EFCC since February 8, 2017.
He asked the court to take into cognisance that Yakubu was in abroad receiving treatment when he was invited home by the EFCC for questioning and has been detained ever since.
According to the senior counsel, the reason the EFCC gave for still holding his client in its custody is that investigation into the allegations against him is still on.
Raji said the remand order which EFCC tendered in court as exhibit was obtained in violation of the constitution.
“It is my submission that investigation does not warrant detention. I urge the court to discountenance the exhibits and strike out the preliminary objection raised by the EFCC”, he said.
The court adjourned the matter to March 14, 2017 for continuation of hearing.
Recall that EFCC had, earlier told the court in a counter affidavit that the monies recovered from Yakubu’s house were suspected to be proceeds of crime.
EFCC had, in a raid on Yakubu’s house located on Chikun Road, Sabon Tasha area; Kaduna South Local Government Area of Kaduna State recovered the sum of $9,772, 800 USD and another £74,000.00.
A Kano High Court had ordered the former NNPC, who is presently in the custody of the anti-graft agency to forfeit the said money recovered from his house to the Federal Government.
In the enforcement of fundamental right suit marked FHC/ABJ/CS/126/2017 filed by Yakubu through his counsel, the applicant wants the court to declare that he is entitled to the dignity of his person, personal liberty, freedom of movement, private and family life as enshrined in the Constitution.
The applicant joined the EFCC and the Attorney General of the Federation (AGF) as first and second respondents in the suit.
In the suit, the applicant also wants the court to declare that his continued detention by the EFCC without charging him to court or allowing him to complete his medical procedure in the United Kingdom (UK) is a violation of his rights and an infringement of his rights to dignity of human person, personal liberty and freedom of movement.
He therefore prayed the court for an order directing his immediate release from the EFCC custody or admitting him to bail on liberal terms and allowing him to proceed to the UK for a completion of the medical procedure which he was undergoing.
Yakubu is also praying for an order of perpetual injunction restraining the respondents from further detaining him unlawfully on account of any purported investigation with respect to the allegation where with he was detained.
He also wants the court to compel the respondents to tender public apology to him in two widely published national daily newspapers for the violation of his rights.
In addition, the applicant prays the court to award the cost of N1billion in his favour as general damages and compensation for violation of his right.
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