Economic And Financial Crimes Commission V. Bayo Dada (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AMINA ADAMU AUGIE, J.C.A. (Delivering The Leading Judgment)

This is another Appeal against the two Rulings of the Federal High Court delivered by Archibong, J., on the same day – 18/5/2011, which relate to criminal charges involving funds belonging to Intercontinental Bank Plc. Sometime in 2009, the Respondent was arraigned as the 6th Accused in Charge No:FHC/L/CS/295C/2009 – FRN V. Raymond Obieri & Ors, and was granted bail by the Lower Court on 15/9/2009.

The Charge was later amended and he was arraigned again as the 4th Accused in Charge No:FHC/L/CS/445C/2009 – FRN V. Akin Solomon Fabunmi & Ors. He was again admitted to bail on 15/1/2010, and one of the conditions for bail is –

“That the Accused Persons shall report to the Officers investigating this case at the offices of EFCC on the first working day of every week pending the conclusion of their trial”.

On 3/5/2011, he complied with same, and reported at the EFCC’s Office, and was arrested and detained by the Appellant on the allegation that he stole funds belonging to the said bank whilst he was director of the bank. When efforts to procure his bail and/or release failed, he presented an Originating Motion for the Enforcement of his Fundamental Human Right at the Federal High Court, wherein he sought the following reliefs –

a. A Declaration that the arrest, detention, harassment and incarceration of the [Respondent] is a violation of [his] Fundamental Right to dignity of human person, personal liberty and freedom of movement guaranteed by S.34, 35 and 41 of the 1999 Constitution and Articles 5, 6 and 12 of the African Charter on Human and People’s Rights (Ratification and Enforcement Act) (Cap A9) – –

b. A Declaration that the continued detention, constant harassment, humiliation and maltreatment of the [Respondent] by the [Appellant] – – is wrongful, illegal and unconstitutional as it is a violation of the [Respondent]’s fundamental right as guaranteed by the 1999 Constitution and Articles 5, 6 and 12 of the African Charter on Human and People’s Rights (Ratification and Enforcement Act) – –

c. A Declaration that the act of the [Appellant] – – is unlawful, illegal, wrongful and unconstitutional as it violates [his] fundamental rights to dignity of human person, personal liberty and freedom of movement guaranteed by Section 34, 35 and 41 of the Constitution – – and Articles 5, 6 and 12 of the African Charter on human and People’s Rights (Ratification and Enforcement Act) – – –

d. An Order directing the [Appellant] to release the [Respondent] from its custody with immediate effect.

e. An Order of perpetual injunction restraining the [Appellant] whether by themselves or by their agents, servants, officers, privies or otherwise however from further arresting and/or detaining the [Respondent] in any other manner violating [his] fundamental right to dignity of human person, personal liberty and freedom of movements as guaranteed by Section 34, 35 and 41 of the Constitution of the Federal Republic of Nigeria, 1999 and Articles 5, 6 and 12 of the African Charter on Human and People’s rights – –

In addition to the above Originating Motion dated 5/5/2011, he also filed a Motion Ex-parte dated the same day – 5/5/2011, wherein he prayed for-

1. AN INTERIM ORDER of this Honourable Court directing the [Appellant], its servant, agents and/or privies to release the [Respondent] from detention forthwith pending the hearing and determination of the Originating Motion filed for the enforcement of his fundamental rights.

IN THE ALTERNATIVE TO PRAYER ABOVE

2. AN INTERIM ORDER – – admitting the [Respondent] to bail pending the conclusion of the investigation of any crime allegedly committed by him by the [Appellant] or any other law enforcement agency.
3. AN ORDER OF INTERIM Injunction restraining the [Appellant], its servant, agents and/or privies from further arresting or detaining the [Respondent] in connection with any matter relating to the complaint for which [he] was arrested and detained pending the hearing and determination of the Motion on Notice filed for the enforcement of his fundamental right or as this Honourable Court may otherwise Order.

The Lower Court heard and granted the Ex-parte Application on 6/5/2011, and the Order of the Lower Court at p. 108 of the Record, is as follows –

“It is ordered that the [Appellant], its servants, agents, and/or privies are hereby directed to release the [Respondent] from detention forthwith, pending hearing and determination of the Originating Motion filed for the enforcement of his fundamental rights. The Return Date is fixed for 18/5/2011”.