Right Abuse, Businessman Seek Freedom From EFCC Detention
A businessman, Ismaila Mustapha has dragged the Economic & Financial Crimes Commission, EFCC, before a Lagos High Court for detaining him beyond the constitutionally stipulated days.
In the suit filed by his lawyers, Mr. Gboyega Oyewole (SAN), Mustapha is demanding the sum of five million naira as damages from the EFCC.
He is also seeking a court order directing the EFCC to release him unconditionally forthwith from its custody and an order of perpetual injunction restraining the anti-graft agency or any person whatsoever acting for or on behalf of the agency from arresting and detaining him in relation to the subject of the suit without recourse to due process of law.
He emphasised that his continuous and further detention by the EFCC on the basis of the remand order granted on October 22, by Court 6 of Ikeja Magistrate Court, vie a request for remand pursuant to the Administration Of Criminal Justice Act (ACJA) and which elapsed and expired on November 4, without being charged and arraigned before a court of competent jurisdiction is unlawful.
He emphasised that EFCC action constitute gross violation of his fundamental rights to personal liberty and fair hearing as contained in section 35 (4) (5) and 36 of the 1999 Constitution as amended.
No date has been fixed for hearing of the suit as it is yet to be assigned to any judge.
