A Federal High Court in Abuja has given the Economic and Financial Crimes Commission (EFCC) 10 days to arraign no fewer than 160 suspects arrested over allegations bordering on internet fraud.
Justice James Omotosho gave the order following a fundamental rights enforcement suit and motion seeking for bail for some of the detained suspects filed by their counsel, Ishaka Dikko, SAN.
Dikko had, in the originating motion marked: FHC/ABJ/CS/80/2025, sued the Executive Chairman of EFCC, Ola Olukoyede, and the commission as 1st and 2nd respondents.
In the suit filed on Jan. 17, the senior lawyer listed Zhang Xiaowen, Liu Zhiwei, Chen Yeqiu, Lan Shunbin, who are Chinese nationals as 1st to 4th applicants.
Other suspects are Abubakar Hassan, Igwe Ozioma, Gabriel Shimlumun, Abdulmuminu Usman, Olamide Olatoye Jeremiah Abele, Asule James, Bitrus Joseph, Odeh Abel, Jathan Jayock, Jackson Samson, Isiaq Olanrewaju, Adejor Isah, Salihu Suleiman and Joseph Ojoma.
Others are Tanko Isah, Omoyele Ebenezer , Olisakwe Chieme, Ohikwo Fatima Musa, Faith Agada, Opara Cynthia, Blessing Thomas and Rachel Habila.
The counsel, in the four reliefs, sought a court declaration that the applicants were entitled to their fundamental right to dignity of human person, right to personal liberty and right to fair hearing.
These rights, he said, are enshrined in Sections 34, 35, 36, 43 and 46 of the 1999 (as amended).
He sought a declaration that the detention and/or the continuous detention of the suspects beyond the constitutional prescribed period for arrest or detention without an order of court from Jan. 9 to Jan. 16, and beyond was illegal, unlawful and contrary to the their fundamental rights.
He also sought a declaration that the confiscation of the applicants’ International Passport numbers: E55480652, EL6128848, E91567245 and E99903655 from Jan. 9 to Jan. 16 without any court order is unlawful and contravened particularly Sections 36, 43 and 44 of the 1999 Constitution.
Dikko, therefore, sought an order directing the respondents jointly and/or severally to pay the applicants damages in the sum of N5 billion for the illegal detention from Jan. 9 to Jan. 16, and beyond.
In the affidavit deposed to by Swarlat Dajong, a litigation secretary in the law firm of M.I. Dikko and Associates, she averred that the 1st to 4th applicants are Chinese nationals who were in Nigeria on a business visas.
She said while carrying out their business at Venus Spark Impact Media Ltd, the EFCC operatives raided the office at Plot No 288,, Mamman Kontagora Crescent at Katampe in Abuja.
Dajong said the four Chinese nationals were arrested and detained alongside the 5th to 160th applicants on Jan. 9 to Jan. 16, and beyond against the constitutional prescribed period for detention of suspects without court order.
According to her, the 5th to 160th applicants are Nigerian citizens and employees of Venus Spark Impact Media Ltd,.
Dikko, also in a motion on notice dated Feb. 12 but filed Feb. 13, sought an order of court admitting 16 of the suspects, including the four Chinese nationals, who had been on detention since their arrest to bail.
The lawyer listed them as 1st, 2nd, 3rd, 4th, 7th, 9th, 10th, 11th, 12th, 13th, 15th, 16th, 17th, 21st, 23rd and 87th applicants respectively.
In the affidavit in support of the motion equally deposed to by Dajong, she averred that the suspects had spent more than 48 hours in EFCC’s custody.
She said by the remand order of the court on Jan. 10 and Jan. 24 respectively which the EFCC attached to their counter affidavit, Dajong said the order expired on Jan. 31.
The litigation secretary said despite its expiration, the 16 suspects had been further kept in custody of the anti-graft agency since Feb. 1 till date, without any further order of any court or being charged before a court of competent jurisdiction for any criminal offence contrary to the provisions of the constitution.
She accused the commission of abusing the state apparatus, arguing that the EFCC ought to have concluded their investigation and taken necessary action.
She argued that the powers conferred! on EFCC to arrest and detain suspects did not extend to the detention of any suspect under the guise of investigation beyond the constitutional prescribed period for detention of suspects without an order of court.
Mr M.B. Baraya, who appeared for the EFCC, informed the court that the matter was adjourned for the hearing of the application for fundamental enforcement rights of the suspects.
Justice Omotosho queried the lawyer over the delay in arraigning the suspects.
“Why are you not arraigning them? I will give you seven days.
“I am going to make an order that you arraign them within seven days and if you don’t, I will grant them bail,” the judge said.
Responding, Baraya told the court that the agency’s investigating team were still in the matter.
Dikko, who disagreed with Bayara’s submission, said that his clients had been in detention for over two months.
However, a senior lawyer from the EFCC, who was in court on another matter, Rotimi Oyedepo, SAN, intervened in the matter.
Oyedepo said he was aware of their arrest and that their number was overwhelming.
He said the matter had also taken international dimension .
“Therefore, my lord, I am pleading for 14 days to do the needful,” he prayed.
Dikko clarified that a number of the suspects had been granted administrative bail, remaining the 16 applicants.
“I have condoned them for a while and everyone is here for justice,” Justice Omotosho said.
The judge stated that intelligence ought to have been gotten ready before arrest.
“We cannot just arrest and start investigation,” he added.
In a short ruling, Justice Omotosho consequently gave EFCC 10 day to arraign the suspects or release those in detention.
“I have carefully gone through the application before this court and in the interest of justice, I here ordered the prosecution to arraigned the defendants within 10 days, public holidays inclusive, or release them,” he declared.
The judge adjourned the matter until March 4 for hearing.
