Court dismisses Daniel’s suit against EFCC

*Gbenga Daniel

An Abuja High Court on Wednesday dismissed a suit filed by former governor of Ogun State, Gbenga Daniel, against the Economic and Financial Crimes Commission, demanding N200 million compensation for the alleged violation of his fundamental human rights.

Dismissing the suit, Justice Folasade Ojo held that the EFCC acted within the limits of its statutory powers, when it arrested and detained the former governor.

Ojo held that Section 6 of the EFCC Establishment Act 2004 confers on the commission the powers to investigate and prosecute economic and financial crimes.

She also held that the arrest and detention of Daniel on suspicion that he siphoned about N7 billion from the state treasury during his eight-year rule, was lawful and justifiable.

The judge further held that under the laws setting up the EFCC, anybody could be invited, arrested and detained for a certain period of time.

“The commission can accept and institute criminal charges against any agency whether state or federal or any individual, organisation or entity,” the News Agency of Nigeria quoted Justice Ojo as saying in her ruling.

She said that from the evidence the EFCC brought to court, the commission showed that it granted Daniel administrative bail on October 7, 2011, after taking a statement from him.

Ojo further held that the conditions in which bail was granted to Daniel were that “he brings two sureties who must be serving directors and also had landed properties.”

The second condition, she said was that Daniel should deposit his international passport with the EFCC.

“The evidence before me as provided by the EFCC shows that he was granted administrative bail with some conditions to be met.

“I find the conditions upon which bail was granted liberal enough.

“So, how can he explain to court, what he declared in his affidavit that he was not able to meet the bail conditions because the terms on which he was granted bail, were too harsh.

“I find this hard to believe. How can a former governor not be able to produce two serving directors in a ministry as sureties?

“Or is it the part that says deposit your international passport that is harsh for him to meet,” she asked, and held that Daniel had failed to establish that he was unlawfully detained.