Justice Yellim Bogoro of the Federal High Court, Lagos, has awarded the sum of N13. 250 million, as damages against the Economic and Financial Crimes Commission (EFCC) for unlawful invasion and search of the home of one Ms Lynda Chineye Isika.
Justice Bogoro made the order against EFCC while delivering judgement in suit No FHC/L/CS/1725/2021, filed by Ms. Isika against the anti graft agency.
The judge also restrained the respondent (EFCC), its officials, officers and agents from further intimidating, threatening and harassing the Applicant.
The EFCC had invaded the applicant’s home at Victoria Crest Estate Augusta Amadi street Lafiaji, Lekki, Lagos, on the allegations of she is a friend to a suspected internet fraudster, whom the agency had obtained an arrest warrant against.
Following the said unlawful invasion of her hom, Ms. Isika through her lawyer, Chief Molade Molade, approached the court via a fundamental rights enforcement suit pursuant to Section 34, Section 35, Section 37, Section 43 and 44 of the 1999 Constitution (as amended)-and Order 1 Rule 2, Order | Rules 1, 2, 3, 4 & 6 of the Fundamental Rights (Enforcement Procedure) Rules 2009 and under the court’s inherent jurisdiction.
In the suit, Ms. Isika had prayed the court for the following reliefs: “an order restraining the EFCC herein and, or its Officials, Officers, and agents from further intimidating, threatening and harassing the Applicant pending the hearing and determination of this suit.
“An Order of Court restraining the Respondent, and its agents, Officials, Officers from further violating the Applicant’s rights of privacy and further breaking into the Applicant’s home at Apartment G4, Victoria Crest Estate 3, Gate4, Augusta Amadi Street, Lafiaji by Eleganza Bus Stop, Lekki – Lagos pending the hearing and determination of this suit.
“A declaration that the acts of the Respondent and its Officers, Officials, armed Personnel and Agents by harassing, threatening, intimidating with guns, shoving, pushing, pinning down and the groping of the Applicant is unlawful, unconstitutional and amounts to inhuman and degrading treatment and a violation of the Applicant’s rights.
However, the EFCC while urged the court to dismiss the applicant’s suit, filed a 24 paragraph counter-affidavit deposed to by one of its operatives, Joseph Abayomi Aliu, and a written address wherein it raised the following issues for determination.
The issues raised by the anti graft agency were: “Whether the respondent (EFCC) have the mandate to conduct a search warrant on the said premises and whether this Honourable Court can restrain tne Respondent from performing its statutory duties.
“Whether the respondent have the mandate to investigate the allegation and credible intelligence and whether this Honourable Court can restrain the Respondent from performing its statutory duties.”
In her judgement, Justice Bogoro, while dismissing the EFCC counter-affidavit and it’s defence held that; “from the totality of evidence before the Court, the applicant was able to established that her house was invaded, ransacked and nothing incriminating was found therein.
“The EFCC violently infringed upon the Applicant’s fundamental rights as provided for under Sections 34, 35, 27, 43, 44 of the 1999 Constitution.”
Consequently, Justice Bogoro made the following orders; “Order of Court restraining and preventing the Respondent herein and its agents Officials, Officers from further violating the Applicant’s rights of privacy and further breaking into the Applicant’s home/residence at Apartment G4, Victoria Crest Estate 3. Gate 4, Augusta Amadi Street, Lafiaji by Eleganza Bus Stop, Lekki-Lagos.
“Order of Court is hereby made preventing -and restraining the Respondent herein and or its Officials Officers and agents from further shoving, pushing, pinning down, assaulting and meting out inhuman and degrading treatment on the Applicant.
“Order of Court is made restraining the Respondent herein from arresting and or further detaining the Applicant herein in connection with this matter already pending before the Court.
“Order of Court is hereby made compelling the Respondent herein to file in Court all or any Criminal Petition received from anyone against the Applicant herein to warrant the violent and unlawful infringement of the Applicant’s fundamental rights on 19th October, 2021 at about 4.30am – 7a.m being complained against in this Court.”
“Order of Court is made restraining the Respondent herein and or its, Officers, Officials and armed Agents from further holding the Applicant incommunicado and or restraining her movement in her own house at gun point and thereby detaining and restraining her right of personal liberty and movement”.
“A Declaration is made that the acts of the Respondent and its Officers, Officials, armed Personnel and Agents by harassing, threatening, intimidating with guns, shoving, pushing, pinning, down and the groping of the Applicant Is unlawful, unconstitutional and amounts to inhuman and degrading treatment and a violation of the Applicant’s rights as guaranteed under Section 34 of the 1999 Constitution of Nigeria (as amended).
“A Declaration is hereby made that the acts of the Respondent through its Officers, Officials and armed Personnel and Agents in holding the Applicant incommunicado and restraining her – movement in her aforesaid house/home whilst the Invasion and search of its Applicant’s home lasted is unlawful, unconstitutional and amounts to unlawful detention and a gross violation of the Applicant’s right of personal liberty as guaranteed under Section 35(1) and Section 37 of the 1999 Constitution of Nigeria (as amended).
“A Declaration is made that the acts of the Respondent through its Officers, Officials, armed Agents and personnel in forcibly breaking down the Doors and Window of ‘the Applicant’s Apartment with Sledge hammer, battering Iron and iron bars thereby destroying same and forcibly gaining entrance into the Applicant’s aforesaid Apartment is unlawful, unconstitutional and a gross violation of the Applicant’s rights to privacy and right to own property as guaranteed under Sections 37, 43 and 44 of the 1999 Constitution of Nigeria (as amended).
“The sum of N3 million is awarded in favour of the Applicant and against the Respondent for the inhuman and degrading treatment meted out to the applicant.
“The sum of N3 million is awarded in favour of the Applicant and against the Respondent for the unlawful detention of the Applicant and the loss of her personal liberty and freedom of movement in her own home under the armed custody and restraint of the respondent’s armed personnel and Officers.
“The sum of N7 million is awarded in favour of the Applicant and against the Respondent for the unlawful invasion of her right of privacy and destruction of the Applicant’s personal properties and home.
“Order of Court directing, compelling and mandating the Respondent herein to publicly apologise to the Applicant by causing same to be advertised in one of the National Daily Newspapers circulating in Lagos State for the unlawful and unconstitutional violation of the applicant’s fundamental rights, i.e. inhuman and degrading treatment, detention, invasion and destruction of the Applicant’s personal privacy and properties.”
The court also awarded N250, 000. 00, against the EFCC being cost of action against the Respondent.
