Ololade Adeyanju/
Justice Muslim Sule Hassan of the Federal High Court in Lagos has lashed out at the Economic and Financial Crimes Commission (EFCC) over the way and manner it carried out its probe of Justice Rita Ofili-Ajumogobia.
While delivering judgement in the N50million fundamental rights enforcement suit filed by Justice Ajumogobia against the anti-graft agency over her prolonged detention, Justice Hassan urged the EFCC to be professional in performing its duties.
Justice Ajumogobia, in the fundamental rights enforcement suit, is seeking among other things, an order of the court declaring her continued detention by the EFCC as illegal.
While noting that although the EFCC is vested with powers to arrest and detain any citizen suspected to have committed any offence, Justice Hassan said such powers must be exercised with caution.
The judge questioned the rationale behind the revocation of the administrative bail granted to Justice Ajumogobia by the EFCC on October 22, 2016, when she is not a flight risk.
He said: “The respondent should have exercised restraints in revoking the bail earlier granted the applicant. There was no evidence that the applicant is a flight risk.
“The respondent is hereby counselled to be professional and to always exercise caution and restraints in the exercise of its powers.”
He however disagreed, in his judgement, with Justice Ajumogobia that the remand order obtained by the EFCC from a magistrate’s court on November 10, 2016 is unlawful, illegal and a violation of her fundamental human rights.
According to Justice Hassan, the remand order was issued by the magistrate’s court pursuant to Section 264(1) of the Administration of Criminal Justice Law of Lagos State, 2011.
The judge also refused to make any order as to the applicant’s request for bail from the EFCC’s custody since she had already been granted bail by Justice Hakeem Oshodi of an Ikeja High Court upon her arraignment at the Court on Monday.
He said: “The issue of the applicant’s bail from EFCC’s custody has been overtaken by the event of her arraignment at the Lagos High Court and her subsequent release on bail by the court.
“The applicant’s lawyer is also at liberty to challenge the continued detention of the applicant by the respondent after the expiration of the magistrate court’s remand order. However, in the light of the recent event in this matter, this suit is hereby struck out.”
It would be recalled that the Economic and Financial Crimes Commission (EFCC) had on Monday arraigned Justice Ajumogobia and a Senior Advocate of Nigeria (SAN), Mr Godwin Obla, on a 30-count corruption charge before Justice Hakeem Oshodi of an Ikeja High Court.
They however pleaded not guilty to the charge and have since been granted bail on self recognisance by the court.