150 Days In Custody: BDC Operator Sues EFCC For N1.2 Billion Over Alleged Unlawful Detention

The applicant through his lawyer, Edwin Anikwem, SAN is also praying the court for an order mandating the EFCC to pay him N200million as general damages, and N1billion as exemplary damages exemplary damages for flagrant violation of his fundamental rights.

The applicant in his suit brought pursuant to Section 46 of the 1999 Constitution is also asking the court for an order compelling the EFCC to tender an unreserved public apology for the infringement on his fundamental rights.

In a 33-paragraph affidavit sworn to by Olalekan Joseph Bayode, a litigation clerk in the law firm of Edwin Anikwem, SAN, he stated that the applicant is currently at the EFCC detention centre at Okotie Eboh Street, Ikoyi, Lagos since the 1st of June, 2024 when he was arrested by the respondent.

He averred that the applicant has been carrying on his business since 1993 as a bureau de change operator.

The deponent stated that the applicant was invited by the Economic and Financial Crimes Commission (EFCC) through a telephone call on the 1st of June, 2024 to report to their office at 15A, Awolowo Road, Ikoyi, Lagos and as a responsible and law abiding citizen, he complied with the invitation.

According to the deponent, upon the arrival of the applicant at the said office of the Economic and Financial Crimes Commission (EFCC) on the 1 of June, 2024, the applicant was asked about certain transactions in relation to his bureau de change business which he provided.

He averred that the officers of the Economic and Financial Crimes Commission (EFCC) informed him that the answers he provided were unsatisfactory and prevented him from leaving their office thereby arresting and detaining him.

He stated that the applicant was not given any information about the nature of the offence he was arrested and detained for.

He stated “The applicant has not been charged of any criminal offence neither has he been informed of what his offence is since his arrest and detention on the 1st of June, 2024.

“That because of the poor sanitary condition of the cell, the applicant developed an extremely painful abscess on his fingertips while he was in detention.

He added that the applicant was not treated of the ailment despite complaining officially to be taken to the hospital, and as a result of the said untreated painful abscess on the fingertips, the applicant developed high blood pressure.

“That when the applicant complained to officers of the Economic and Financial Crimes Commission (EFCC) about his health condition, he was ignored as there was no medical facility to cater for his deteriorating health.

“That as a result of the applicant’s arrest and detention without trial, the applicant’s business has been closed for more than 150 days which has led to substantial financial loss in the business.

“That the Applicant is the sole breadwinner of his family which comprises a housewife, cight (8) children and an ailing aged mother of 105 years old.

“That as a result of the Applicant’s arrest and detention, the Applicant’s children have been out of school due to inability pay their school fees and other incidental expenses.

That as a result of the Applicant’s arrest and continued detention, the applicant’s mother has resorted to praying for death as she does not want to be the one to bury her son.

He stated that it will be in the interest of justice for the application to be urgently and expeditiously determined as the applicant has been languishing in detention.

Consequently, the applicant is praying for declaration that the continued detention of the Applicant by the Economic and Financial Crimes Commission (EFCC) without charging him to court flagrantly violates his fundamental rights to life, respect for the dignity of his person, liberty and movement as guaranteed by Sections 33, 34, 35 and 41 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Article 6 of the African Charter on Human and People’s Rights (Ratification and Enforcement) Act, Cap A9 Laws of the Federation of Nigeria, 2004 and is therefore unconstitutional, unlawful, illegal, null and void.

“An order enforcing the Applicant’s fundamental rights by ordering his release from unlawful detention currently imposed on him by the Respondents.