Economic And Financial Crimes Commission V. Dr. Erastus Akingbola (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AMINA ADAMU AUGIE, J.C.A.: (Delivered the Leading Judgment)

This is one of the Appeals filed by the Appellant against the decisions of Archibong, J., in respect of Charges brought against the Respondent at the Federal High Court, after he was removed as the Managing Director of Intercontinental Bank Plc., by Central Bank of Nigeria [CBN], in 2009.

CBN had laid criminal complaints with the Appellant on 14/8/2009, alleging that in his position as Group Chief Executive of the said Bank, he engaged in serious economic and financial crimes, including money laundering, theft, market manipulation, obtaining by false pretences, criminal granting of loans and facilities, insider abuse, insider trading and abuse of office. He was invited by EFCC to answer to the allegations, and was later declared wanted, when he failed to honour their invitation.

On 21/12/2009, the Appellant filed a 28-Count Charge against him, and an Amended Charge on 29/1/2010. Meanwhile, the Respondent was in the United Kingdom but he voluntarily returned to Nigeria on 3/8/2010.

Upon his return, he voluntarily reported to EFCC, and was detained but later granted bail by Idris, J., on 30/8/2010. One condition for his bail is –

“[To] report to the Officers investigating this case at the offices of EFCC on the first working day of every week until otherwise directed by an order of Court”.

On 3/5/2011, he went to their Office in compliance with the above Order, and was detained by the Appellant. On 5/5/2011, 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 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 Applicants fundamental right as guaranteed by the 1999 Constitution – – and Articles 5, 6 and 12 of the African Charter on Human and People’s Rights- – –

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 Oder 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 …

On the same 5/5/2011, he filed a Motion Ex-parte brought pursuant to to the above-mentioned Statutes, wherein he prayed the lower Court 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