Justice Mojisola Olatoregun of the Federal High Court
sitting in Ikoyi, Lagos on Wednesday, July 5, 2017 dismissed the fundamental
rights enforcement suit filed by Robert Azibaola, a cousin to former President
Goodluck Jonathan, against the Economic and Financial Crimes Commission,
EFCC.
Azibaola, through his counsel, Ebun-Olu Adegboruwa, had
contended that the EFCC had no right under Sections 293 and 294 of the
Administration of Criminal Justice Act, ACJA, to detain him.
In the suit, Azibaola claimed that the Sections are for
capital offences for which a legal advice from the Attorney-General is required
before a charge could be filed.
Azibaola further claimed that the Sections do not apply
to financial crimes.
The respondent (EFCC), however, argued that Section 264
of the Administration of Criminal Justice Law of Lagos State 2011 empowers it
to detain suspects based on remand warrants issued by magistrate courts.
In a well considered ruling, Justice Olatoregun
dismissed the suit noting that the EFCC acted within the provisions of the law.
Azibaola was alleged to have received $40m in September,
2014 from a former National Security Adviser, Col. Sambo Dasuki (retd.), who is
also facing trial for allegedly diverting the funds meant for procurement of
arms to fight the Boko Haram insurgency.
Azibola also allegedly received another N650million from
Dasuki on December 8, 2014.
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