A Federal Capital Territory High Court in Jabi, Abuja, has
ordered the Economic and Financial Crimes Commission to immediately grant bail
to a former Aide de Camp to ex-President Goodluck Jonathan, Col. Ojogbane
Adegbe, on liberal terms.
Justice Yusuf Halilu, ruling on a fundamental human rights
enforcement suit filed by Adegbe on Tuesday, however, refused the
plaintiff’s prayer for N100m compensation for unlawful detention by the
Economic and Financial Crimes Commission and request for written apology from
the anti-graft agency.
Meanwhile, before the judge started delivering his ruling on
Tuesday, Adegbe’s lawyer, Mr. Ogwu Onoja (SAN), informed the court that
the EFCC after the hearing of the suit on February 25, transferred the
ex-President’s ADC from its custody to the Army.
Ogwu also said that after the hearing, the EFCC which
claimed it was only holding Adegbe on the instruction of the Army, decided to
grant bail to his client in conditions that were allegedly impossible to meet.
But EFCC’s lawyer, Benda Musu, when asked to respond to the
plaintiff’s lawyer’s claim, said she did not have more knowledge about the
said transfer than the SAN had.
The judge however went on to deliver his ruling declaring as
unconstitutional and illegal the detention of the applicant since February 11
without filing charges against him.
The judge also reprimanded the anti-graft agency for
“reducing itself to the police station or detention centre of the Nigerian
Army”.
He observed that the EFCC took contradictory positions by
claiming that it was investigating alleged arms procurement fraud for which
Adegbe was arrested and in another breath claimed to be holding the plaintiff
on the instruction of the Army.
“While respondent (EFCC) is dancing makossa in one side, it
is singing another song on the other side,” the judge noted.
The judge however said he was unable to direct the EFCC to
pay damages to the applicant or tender apology to him, since he remained in the
service of the Army and the anti-graft agency was equally a government agency.
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