The Federal High Court sitting in Abuja on Friday described the three-day incarceration of the former Director-General of the Ekiti State Bureau of Public Procurement, O’seun Odewale, by the Economic and Financial Crimes Commission (EFCC) over its probe into the alleged embezzlement of Ekiti State funds earmarked for the airport project, as a violation of his fundamental rights.
Justice Emeka Nwite made the declaration while delivering judgment in a suit filed by Odewale and Ariyo Oyinkolawa Adesola’s lawyer, in suit number FHC/ABJ/CS/1340/2024.
Naijaonpoint previously reported that Justice Nwite had ordered the EFCC to maintain the status quo pending the final determination of the case.
According to Odewale’s affidavits, he informed the court that EFCC operatives who had previously detained him were allegedly forcing him to admit to committing offences and embezzling Ekiti State Government funds in his capacity as Director-General, which he declined.
He stated that all the questions posed to him by the EFCC “were related to the award of contracts by the Ekiti State Government, with an emphasis on the airport project initiated by the Dr. Kayode Fayemi-led administration, which had reached an advanced stage and was inaugurated,” adding that operatives also probed other minor contracts awarded under his watch.
The applicants’ lawyer, Chief R.O. Balogun, SAN, argued that his clients were detained by the EFCC longer than allowed under the relevant provisions of the Constitution.
He further argued that although the EFCC is relying on the investigation into Ekiti State Government finances to interrogate his clients, the propriety of the EFCC’s investigation into contracts awarded or executed by the state government is already the subject of an appeal pending before the Court of Appeal, Ado-Ekiti.
Among other reliefs, the lawyer asked the court to declare that the EFCC lacked the constitutional power to invite, arrest, interrogate, or interview his clients on any matter rooted in contracts awarded or monies appropriated by the Ekiti State Government.
He also urged the court to hold that their detention amounted to a violation of their fundamental rights.
In response, an EFCC staff member, Ufuoma Ezire, countered the applicants’ claims through a counter-affidavit.
Ezire stated that Odewale, in his statements to the Commission, did not deny illegally awarding several contracts worth millions of naira.
The Commission urged the court to dismiss the suit, arguing that the applicants cannot expect a judicial order preventing a law enforcement officer from exercising constitutional powers.
The EFCC further accused the applicants of attempting to use the case to frustrate its investigation and possible prosecution.
Justice Nwite held that the powers of the police or any law enforcement agency regarding investigation and possible prosecution are well settled, and that “no court has the power to stop the statutory powers of any government agency or department.”
However, the judge emphasized that such constitutional powers, as stipulated in the EFCC Act, must be exercised within the confines of the law.
He ruled that the act of keeping the applicants—who presented themselves voluntarily under invitation and were neither arrested nor on the run—for more than 24 hours, from September 2 to September 5, 2024, only to obtain a court order afterwards on September 5, fell short of legal requirements.
He ruled that the act of keeping the applicants—who presented themselves voluntarily under invitation and were neither arrested nor on the run—for more than 24 hours, from September 2 to September 5, 2024, only to obtain a court order afterwards on September 5, fell short of legal requirements.
The court stated that it must “frown at that.”
Ultimately, Justice Nwite held that the application partly succeeded.
He declared that the incarceration of the 1st Applicant in EFCC custody for three days and seven hours, depriving him of access to his children, amounted to a gross violation of his fundamental right against inhuman and degrading treatment under Section 34(1)(a)-(b) of the 1999 Constitution (as amended).
The judge further declared that the detention of the 2nd Applicant overnight in EFCC custody, despite being a civil servant and a nursing mother who could have been granted personal recognizance, was “despicable, inhuman, and a gross violation” of her rights under the same constitutional provision.
Justice Nwite ordered the EFCC to pay N5 million to the two applicants for the “reckless and bizarre infringement” of their rights to personal liberty and dignity.
While the court condemned unlawful detention, the judgment reinforces the position of superior courts on the investigative and prosecutorial powers of anti-graft agencies.
The Ekiti State Airport in dispute was inaugurated for public use shortly after the first aircraft landed at the facility on October 15, 2022.
The project was awarded to the China Civil Engineering Construction Corporation (CCECC).
However, a civic group had questioned the transparency of the project and urged the state government to release the financial records and loan details relating to the Ekiti International Cargo Airport project.