A Federal High Court in Lagos on Wednesday
dismissed an application by the Economic and Financial Crimes Commission
for stay of proceedings of the suit instituted by former Managing
Director of Intercontinental Bank Plc, Dr. Erastus Akingbola, for the
enforcement of his fundamental human rights.
A mild drama, however, occurred as the President of the Nigeria Bar Association, Mr. Joseph Daudu (SAN), walked out on the court in protesting the dismissal of the application.
Akingbola, who is already facing corruption and money laundring charges before Justice Archibong at the Federal High Court, Lagos, was re-arrested by the EFCC two weeks ago alongside one of his aides, Mr. Bayo Dada, for allegedly stealing about N50bn from Intercontinental Bank Plc.
Daudu, who is representing the EFCC in the matter, had filed the stay of proceedings to enable the commission to appeal an earlier order of the court directing the antigraft agency to release Akingbola and Dada from its custody and stay all action pending the determination of the application before the court.
But, inspite of Daudu’s walk-out, Justice Archibong maintained that the arrest and detention of Akingbola by the EFCC was unlawful, illegal, wrongful and unconstitutional and ordered his release from the EFCC’s custody immediately.
Shortly before Daudu walked out, Akingbola’s lawyer, Chief Felix Fagbohungbe (SAN), told the court that the EFCC served him with an application for a stay of proceedings on Tuesday at about 4pm, saying he needed time to respond.
Justice Archibong then asked Fagbohungbe if the EFCC had complied with his order that Akingbola should be released.
Fagbohungbe informed him that though the commission had been served with a copy of the order, it was yet to obey it.
When the court asked Daudu why the EFCC was yet to obey the order, the NBA president said the court could not go into the issue yet because it was the subject matter of the case and was “not ripe for hearing now.”
Daudu said, “We have filed a motion for stay of proceedings because we have taken steps to exercise our right of appeal.”
Justice Archibong, however, dismissed the motion, saying it was misconceived and also held that the EFCC was in contempt of court.
Immediately after the ruling, Daudu informed the court that he was no longer interested in the proceedings and then led other lawyers, appearing with him, including another Senior Advocate of Nigeria, Kanyinsola Ajayi, out of the court.
After they left, the court proceeded to listen to the fundamental human rights application filed by the embattled former bank chief and his aides and granted all their prayers.
The court declared that the arrest, detention, harassment and incarceration of the Akingbola and Dada was a violation of their fundamental right to dignity of human person, personal liberty and freedom of movement guaranteed by section 34, 35, and 41 of the 1999 Constitution and Articles 5, 6, 12 of the African Charter on Human and People Rights.
The court further restrained the EFCC whether itself or by its agents, servants, officers, privies or otherwise from arresting and/or detaining the applicants in any other manner.
By Kemi Obasola Courtesy Of: Punch
A mild drama, however, occurred as the President of the Nigeria Bar Association, Mr. Joseph Daudu (SAN), walked out on the court in protesting the dismissal of the application.
Akingbola, who is already facing corruption and money laundring charges before Justice Archibong at the Federal High Court, Lagos, was re-arrested by the EFCC two weeks ago alongside one of his aides, Mr. Bayo Dada, for allegedly stealing about N50bn from Intercontinental Bank Plc.
Daudu, who is representing the EFCC in the matter, had filed the stay of proceedings to enable the commission to appeal an earlier order of the court directing the antigraft agency to release Akingbola and Dada from its custody and stay all action pending the determination of the application before the court.
But, inspite of Daudu’s walk-out, Justice Archibong maintained that the arrest and detention of Akingbola by the EFCC was unlawful, illegal, wrongful and unconstitutional and ordered his release from the EFCC’s custody immediately.
Shortly before Daudu walked out, Akingbola’s lawyer, Chief Felix Fagbohungbe (SAN), told the court that the EFCC served him with an application for a stay of proceedings on Tuesday at about 4pm, saying he needed time to respond.
Justice Archibong then asked Fagbohungbe if the EFCC had complied with his order that Akingbola should be released.
Fagbohungbe informed him that though the commission had been served with a copy of the order, it was yet to obey it.
When the court asked Daudu why the EFCC was yet to obey the order, the NBA president said the court could not go into the issue yet because it was the subject matter of the case and was “not ripe for hearing now.”
Daudu said, “We have filed a motion for stay of proceedings because we have taken steps to exercise our right of appeal.”
Justice Archibong, however, dismissed the motion, saying it was misconceived and also held that the EFCC was in contempt of court.
Immediately after the ruling, Daudu informed the court that he was no longer interested in the proceedings and then led other lawyers, appearing with him, including another Senior Advocate of Nigeria, Kanyinsola Ajayi, out of the court.
After they left, the court proceeded to listen to the fundamental human rights application filed by the embattled former bank chief and his aides and granted all their prayers.
The court declared that the arrest, detention, harassment and incarceration of the Akingbola and Dada was a violation of their fundamental right to dignity of human person, personal liberty and freedom of movement guaranteed by section 34, 35, and 41 of the 1999 Constitution and Articles 5, 6, 12 of the African Charter on Human and People Rights.
The court further restrained the EFCC whether itself or by its agents, servants, officers, privies or otherwise from arresting and/or detaining the applicants in any other manner.
By Kemi Obasola Courtesy Of: Punch
No comments:
Post a Comment