Efcc V. Reinl (2020)

LAWGLOBAL HUB Lead Judgment Report

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C. 

This appeal is against the judgment of the Court of Appeal, Abuja Division delivered on 26/1/2018, affirming the judgment of the High Court of the Federal Capital Territory (FCT) delivered on 20/4/2016.

The respondent sued the appellant vide an Amended originating Motion dated and filed on 7/3/2016 seeking the following reliefs:

A. A Declaration that the arrest and detention of the Applicant by the Respondent since 28th December, 2015 is unlawful, unconstitutional, illegal and violation of the Applicant’s fundamental rights guaranteed by Section 35(1) and (4) of the 1999 Constitution of the Federal Republic of Nigeria.

B. A Declaration that the restriction/confinement placed on the Applicant by the Respondents by keeping him in their custody since December 28, 2015 is unlawful, unconstitutional and direct infraction of the rights of the Applicant to freedom of movement as guaranteed by Section 41 of the Constitution of the Federal Republic of Nigeria, 1999.

C. A Declaration that the continuing detention of the Applicant by the Respondent without informing

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him of his offence in writing is unlawful, unconstitutional and an infraction of the Applicant’s right as guaranteed by Section 35(3) of the Constitution of the Federal Republic of Nigeria, 1999.

D. A Declaration that the refusal to release the Applicant until he admits laundering undisclosed amount of money or any sum whatsoever is unlawful, unconstitutional, illegal and a violation of the Applicant’s Fundamental Rights as guaranteed by Section 43 of the Constitution of the Federal Republic of Nigeria, 1999.

E. An Order of injunction restraining the Respondent whether by itself, servants, privies, agents or whosoever purporting to act on its behalf from violating or further violating the fundamental rights of the Applicant as guaranteed by Section 34(1), 35(1) & (4) and 43 of the Constitution of the Federal Republic of Nigeria, 1999.

F. The sum of the sum of Two Billion Naira (2,000,000,000) only as exemplary and aggravated damages for the infraction of the Applicant’s fundamental rights.

G. An Order restraining the Respondent whether by itself, servants, privies, agents or whosoever purporting to act on its behalf from violating or

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further violating the Fundamental rights of the Applicant through prolonged detention or upon such terms as this Honourable Court may deem appropriate in the circumstances, pending the determination of this suit.