Obanikoro and the property in contention.
Ladipo Sanusi/
Senator Musiliu Obanikoro and his family have lost a N100 million suit against the Federal Government of Nigeria.
The suit filed against the Economic and Financial Crimes Commission (EFCC) over alleged property seizure, suffered a setback today, at a Federal High Court, in Lagos.
The suit was struck out for lack of merit, according to the judge.
Obanikoro, alongside his wife, Alhaja Miroophat, his two sons, Gbolahan, Babajide and Fati, Babajide’s wife, had sued the anti-graft agency for breach of their fundamental rights.
The plaintiffs had urged the Court to declare that the forceful seizure of their personal effects by the commission constituted a gross violation of their rights.
They also prayed the Court for an order setting aside the forceful detention of their properties during a raid on June 14.
They demanded an “unreserved public apology”, as well as N100 million as general damages from EFCC.
The claimants also sought for an order restraining EFCC from arresting, detaining or harassing them or entering their premises again to seize their properties.
The EFCC, in response to Obanikoro’s claim through preliminary objection filed and argued by E. E. Iheanancho, stated that Obanikoro received suspicious payments from the Office of the National Security Adviser (ONSA) through companies linked to the family.
For instance, the commission said $1,018,000 was transferred from the ONSA to Mob Integrated Services on March 18, 2015.
But, the family, through their lawyer – Lawal Pedro (SAN) had informed the Court that the said documents and properties that EFCC seized “have nothing to do with the ONSA”.
The Obanikoro family had claimed that the EFCC “violated Regulation 13 of the EFCC (Enforcement Regulation) 2010”, which provides that it shall apply and obtain a court order to enter and search any premises.
While urging the court to dismiss the applicants’ suit, the EFCC said that it acted within the law.
Justice AbdulAziz Anka, while striking out the suit on Monday, said the application lacked judicial procedure. He also described it as incompetent.
The judge also ruled that the seizure of the property was meant to enable the Commission to prosecute a criminal case against the claimants. He added that if the claimants decided to make a case of breach of Rights they could do so during the criminal trial.
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To be honest, I don't mind this actions being taken by the government against these looters but is the government telling us now all APC governors, past and present are free from corruption? The president obviously know some of his ministers are not clean too, so why turn a blind eye? When fighting corruption, it is always successful when there are no sacred cows.