A Niger-Delta activist, Mr Robert Azibaola has urged a Federal High Court in Lagos to restrain the EFCC from issuing a remand warrant against him.
Mr. Azibaola who is a human rights activist and cousin of former President, Dr Goodluck Jonathan, filed the suit through his lawyer, Mr Ebun-Olu Adegboruwa, challenging his unlawful detention.
Joined as respondent in the suit is the Economic and Financial Crimes Commission, EFCC.
Mr. Azibaola is praying the court to stop the the respondent from applying for a new remand warrant against him from any court in Nigeria, adding that such attempt was a ploy to keep him in custody indefinitely.
In his affidavit of facts, the applicant avers that he was commissioned by the federal government to execute an assignment to network with all stakeholders for the purpose of preventing oil pipelines vandalism, oil bunkering and crude oil theft.
He avers that the assignment was duly executed upon payment.
According to the applicant, on March 23, he honoured an invitation to the Abuja office of the EFCC but to his surprise, he was kept in custody since then.
Mr. Azibaola is claiming that under section 8 of the Administration of Criminal Justice Act, he should not be arrested or prosecuted for any civil contract or transaction.
He is therefore, urging the Federal High Court to hold that sections 293 and 294 of the Administration of Criminal Justice Act, relied on by the EFCC, deals with criminal offences attracting capital punishment and not financial crimes.
He is also praying the court to hold that the attempt by the EFCC to force him to implicate the former President, is contrary to section 7 of the Administration of Criminal Justice Act.
He argues that the Act has outlawed the practice of arresting a citizen as ransom for the alleged offence of another citizen.
The applicant therefore, seeks the following reliefs:
"A declaration that the respondent is not entitled to arrest, detain, confine or restrict the liberty of the applicant without a charge or a trial in an appropriate court.
"A declaration that the acts of the respondent, in obtaining remand orders against him, for the purpose of keeping him in custody in perpetuity, constitute a flagrant violation of his fundamental rights
"A declaration that the respondent is not entitled, under section 293 of the Administration of Criminal Justice Act, 2015, to apply for and obtain any remand warrant, for the purpose of keeping him in custody, in perpetuity,
"A declaration that his arrest and detention since March 23, by the respondent, their agents, servants, officers or otherwise, constitute a flagrant violation of his fundamental rights".
The applicant consequently seeks an order, directing the respondent to forthwith abstain from applying for a remand order against him over matters pertaining to financial crimes.
He seeks an order, directing the respondents, whether by themselves, their servants, agents, officers or otherwise, to forthwith release him from unlawful custody.
In the alternative, the applicant prays the court for an order, directing the respondent to institute a criminal charge against him and arraign him before any court of competent jurisdiction.
The applicant also in the alternative, seeks a court order, directing the respondent to forthwith grant bail to the applicant on liberal terms or upon any such conditions of bail already granted by any court of competent jurisdiction..
The suit applicant's suit which was No.FHC/L/CS/596/2016 has not been assigned to a trial judge for hearing.
Mr. Azibaola who is a human rights activist and cousin of former President, Dr Goodluck Jonathan, filed the suit through his lawyer, Mr Ebun-Olu Adegboruwa, challenging his unlawful detention.
Joined as respondent in the suit is the Economic and Financial Crimes Commission, EFCC.
Mr. Azibaola is praying the court to stop the the respondent from applying for a new remand warrant against him from any court in Nigeria, adding that such attempt was a ploy to keep him in custody indefinitely.
In his affidavit of facts, the applicant avers that he was commissioned by the federal government to execute an assignment to network with all stakeholders for the purpose of preventing oil pipelines vandalism, oil bunkering and crude oil theft.
He avers that the assignment was duly executed upon payment.
According to the applicant, on March 23, he honoured an invitation to the Abuja office of the EFCC but to his surprise, he was kept in custody since then.
Mr. Azibaola is claiming that under section 8 of the Administration of Criminal Justice Act, he should not be arrested or prosecuted for any civil contract or transaction.
He is therefore, urging the Federal High Court to hold that sections 293 and 294 of the Administration of Criminal Justice Act, relied on by the EFCC, deals with criminal offences attracting capital punishment and not financial crimes.
He is also praying the court to hold that the attempt by the EFCC to force him to implicate the former President, is contrary to section 7 of the Administration of Criminal Justice Act.
He argues that the Act has outlawed the practice of arresting a citizen as ransom for the alleged offence of another citizen.
The applicant therefore, seeks the following reliefs:
"A declaration that the respondent is not entitled to arrest, detain, confine or restrict the liberty of the applicant without a charge or a trial in an appropriate court.
"A declaration that the acts of the respondent, in obtaining remand orders against him, for the purpose of keeping him in custody in perpetuity, constitute a flagrant violation of his fundamental rights
"A declaration that the respondent is not entitled, under section 293 of the Administration of Criminal Justice Act, 2015, to apply for and obtain any remand warrant, for the purpose of keeping him in custody, in perpetuity,
"A declaration that his arrest and detention since March 23, by the respondent, their agents, servants, officers or otherwise, constitute a flagrant violation of his fundamental rights".
The applicant consequently seeks an order, directing the respondent to forthwith abstain from applying for a remand order against him over matters pertaining to financial crimes.
He seeks an order, directing the respondents, whether by themselves, their servants, agents, officers or otherwise, to forthwith release him from unlawful custody.
In the alternative, the applicant prays the court for an order, directing the respondent to institute a criminal charge against him and arraign him before any court of competent jurisdiction.
The applicant also in the alternative, seeks a court order, directing the respondent to forthwith grant bail to the applicant on liberal terms or upon any such conditions of bail already granted by any court of competent jurisdiction..
The suit applicant's suit which was No.FHC/L/CS/596/2016 has not been assigned to a trial judge for hearing.
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