Peter
Affen, justice of an Abuja high court, on Wednesday flayed the Economic and
Financial Crimes Commission (EFCC) as “carrying too much physical power
everywhere”, for the tactics it employed in trying to stall a case involving
the agency and Wolfgang Wolfgang, an Austrian security contractor who sued
the anti-graft agency for detaining him without trial.
According to PR Nigeria, Wolfgang had
been in the custody of the EFCC since December 2015 in connection with the
trial of Sambo Dasuki, former national security adviser (NSA).
Afam Osigwe, Wolfgang’s lawyer, had
approached the federal capital territory high court for the enforcement of his
client’s fundamental rights, but at the hearing of the matter, the EFCC through
its counsel, Ibrahim Audu, told the court that it never detained the plaintiff.
The EFCC urged the court to dismiss it
for gross incompetence and for lack of jurisdiction. It argued that there
was no evidence to show that it arrested Wolfgang.
The proceedings took a twist when the
EFCC lawyer filed a preliminary objection to Wolfgang’s application.
Justice Affen, who reserved ruling on
the objection, stated that the plaintiff had the right to sue the EFCC.
Irked by the use of words of the EFCC
counsel, the judge berated the anti-graft agency for attempting to intimidate
the court, advising it to drop its toga of arrogance.
“You are in court, and I am the dominis
litis here. This is not EFCC office. You must comport yourself. The problem is
that you people (EFCC) have too much physical power and you carry it to
everywhere you go,” he said.
“This is not a motor park and you must
not be throwing your hands anyhow and be shouting. When you come before me, you
will never remain the same. You owe the court a duty of deference. Leave your
policeman or EFCC powers at the door. Didn’t they teach you that in law
school?”
Wolfgang is asking the court to declare
that his arrest and detention by EFCC since the December 28, 2015 is unlawful,
unconstitutional, illegal and a violation of his fundamental rights guaranteed
by section 35(1) & (4) of the 1999 constitution of the federal republic of
Nigeria.
He is also asking the court to award a
cost of N2bn against the EFCC for aggravated damages.
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