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Thursday, March 31, 2011

Court fines EFCC N10m for sealing off Fayose’s residence

A Federal High Court sitting in Ibadan, Oyo State capital on Wednesday faulted the Economic and Financial Crimes Commission for forcibly sealing off the residence of a former governor of Ekiti State, Mr. Ayo Fayose, located in Government Reserved Area, Iyaganku Quarters, Ibadan. The presiding judge, Justice Jonathan Shakarho, held that since no order was made on the former governor to forfeit the property to the Federal Government, the action of the commission’s officials amounted to malicious embarrassment to the applicant. He therefore slammed a N10m damages against the anti-graft body. Operatives of the EFCC had on September 29, 2010 stormed the premises of the former governor and sealed it off. The commission caused the picture of the sealed properties to be published in major national newspapers the following day. The incident forced Fayose to approach the court to enforce his fundamental human rights. Delivering his judgment, Justice Shakarho also restrained the commission, his agents, privies or anyone or organisation acting on its behalf from further issuing what he called “misleading press statements, publishing pictures of the applicant’s residence and or procuring the release of any misleading information in the print media, in any manner.” He further restrained the EFCC from sealing off the property or from engaging in any manner of infringement of the fundamental and constitutional rights of the former governor. The former governor had asked the court, among others, to issue an order confirming and enforcing his fundamental rights to fair hearing, dignity of human person, liberty, private and family life and to own immovable property; an order restraining the respondent from issuing misleading press statements or publishing the picture of the house in the media; N50 million damages and any other order the court may deem fit. His application as supported with an 18-paragraph affidavit wherein he claimed that the officials of the commission intruded in his family’s privacy and caused the picture of the said house to be printed in the media. By Olalekan Adetayo, Ibadan Courtesy Of: Punch

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