Court orders EFCC to pay N50.8m to senator

By Ezra Ijioma, with agency report
Thursday, 16 Dec 2010



A Federal High Court in Jos has ordered the EFCC to pay N50.8m to Senator Festus Olabode as damages for the violation of his human rights.


The court awarded the damages to Olabode in a judgment it delivered in a case the Ekiti senator filed against the anti-graft body for allegedly infringing on his privacy and disrupting his business.


The senator had alleged that the EFCC on March 31, 2008, invaded his hotel, Friendly Hotel Limited, on Iworoko road in Ado Ekiti and carted away 27 computers from its cyber cafe.


The commission, Olabode further alleged, arrested him without any search warrant, adding that he was detained for some days.


In defence of its action, the EFCC had claimed that a swindler had used the cafe to dupe some unsuspecting persons; hence it raided the business centre and arrested the senator, being the owner of both the hotel and the café.


Angered by the EFCC action, Olabode had, through his Counsel, Mr. Gyang Zi, dragged the commission to the Federal High Court to seek redress.


Justice A.L. Allagoa, while delivering judgment in the case in Jos, said that the “EFCC acted in violation of the plaintiff’s fundamental human rights as contained in the Constitution of the Federal Republic of Nigeria.


“It is unlawful for the police to arrest, let alone detain a person before looking for evidence or without a court warrant; no law gives the police such powers.


“For the violation of the fundamental human rights of the plaintiff and disrupting his business for 369 days, I hereby award N50.8m as special and general damages against the commission.”


The damages awarded to the senator include N36.9m for the 369 days closure of the café estimated at N100,000 per day and N3.2m for the 27 computers at N120,000 each.


Also, N5m was awarded for unlawful arrest and violation of the senator’s fundamental human rights, N2m as general damages while N500,000 was to cover the plaintiff’s legal cost.


Meanwhile, the Italian government has indicated interest in broadening its ties with Nigeria especially in the area of sustainable partnership in the war against graft.


The indication was given in Abuja on Wednesday by the Ambassador of Italy to Nigeria, Dr. Robert Colamine, and Italy’s Chief Anti-Mafia Prosecutor, Dr. Pietro Grasso, when they paid a courtesy visit to the Chairman of the Economic and Financial Crimes Commission, Mrs. Farida Waziri.


In her response, the EFCC Chairman assuredthat Nigeria would be ready to work with the Italian government on criminal investigation.


http://www.punchng.com/Articl.aspx?theartic=Art20101216572821

let's see if EFCC will pay the money.

What happens to all the voiceless youths they arbitrarily arrest in cyber cafe, detained and later release without apologies? I think its high time the victims of the wanton arrests started suing EFCC.

Mbeki:

let's see if EFCC will pay the money.

What happens to all the voiceless youths they arbitrarily arrest in cyber cafe, detained and later release without apologies? I think its high time the victims of the wanton arrests started suing EFCC.

You are even talking, justice came simply because the man in question is a senator , if he is a no body, by now he will be the one paying EFCC 50m to release him.

whackkkkkkkkk. what cafe makes upto 100k a day? Anyway na him luck.EFCC oya pay d Master quickly.

Good development.
Imagine these barbarians carrying off all the computers in the cafe and arresting the owner without a warrant!

Boys dey suffer for this country oh,

if they could do this to a WHOLE SENATOR, na God go help us oh, see chancing,

Serves them well. Lawless "law enforcement" agency

Nigeria! Nawa.
Assuming the man in question is not a Senator i know by now he will still be under detention or ready to bail himself with huge some of Naira. Na God fit Help our country.
This kind thing no fit happen abroad oh!

, na real wa! Which cyber cafe makes that kind of money in Naija? When Lucky was made to settle the judge told him to pay less than 4 million naira. If the Senator was in a serious country he will be explaining how come his premises is being used for fraud.

These are a bunch of low class unschooled criminals acting under the banner of law enforcement (EFCC) to loot private property. I really like to know what the outcome of their investigation was.

In more responsible/lawful climes this judgement will be followed by a hail of dismissals and criminal prosecution right down the hierachy of EFCC against those who had any thing to do with this official looting.

So sad.

Well let see if EFCC would pay the said amount come to think what's the specs of the computer to have attracted such amount, EFCC don turn MAGA .

"EFCC don turn maga". lmno

court will still eat out of the money

Court definitely wants to eat out of the money. That is why an Ibori can be successfuly grabbed and tried in Dubai not Naija. By now he would have been laughing at home while they would have rubbished the EFCC.

Big money to pay by EFCC. I don't think they will pay him. Come to think of it, is dat the service a senator is met to rendered to d public. D cafe is not rendered free of charge to the public but 4 a huge sum.

chrismas don sure 4 d guy. . .

Sunsamthy:

Come to think of it, is dat the service a senator is met to rendered to d public. D cafe is not rendered free of charge to the public but 4 a huge sum.

This has to be a nominee for brainless comment of the year.

Sunsamthy:

Big money to pay by EFCC. I don't think they will pay him. Come to think of it, is dat the service a senator is met to rendered to d public. D cafe is not rendered free of charge to the public but 4 a huge sum.

Because he is a senator, he should turn his private business into public use. you hash ooooo

EFCC cannot pay at all,

This is really an interesting story.

mrperfect:

This is really an interesting story.

Very True Mr. Perfect. Let me make it more interesting for you by giving you the backdrop as I heard from people who were present in that cafe in Ado-Ekiti on that fateful day.


April 2007 - Festus Olabode contests for the seat of Ekiti Central Senator under the platform of AC. As we all know, victory is awarded by INEC to Femi Kila of the PDP.


May 2007 - Festus Olabode goes to the Election tribunal to seek declaration as rightful winner of the election


March 2008 - As the election tribunal is in full swing and fingerprint analysis of ballots is taking place by Adrian forty and other forensic analysts, EFCC somehow turn up at Friendly's Hotel in Ado-Ekiti. They commandeer the premises and shut down the cafe and hotel. They proceed to fire rounds within the cafe despite the presence of over 30 people inside the cafe. They make all customers kneel down and then proceed to check everyone's computers. They arrest 3 or 4 "yahoo boys" and then proceed to locate Festus Olabode Ola and place him in custody also. All of this done with the EFCC agents providing minimal identification of themselves as EFCC Agents

March 2008 - Upon release, Festus Olabode Ola claims that the attack is political and an attempt by the PDP to intimidate him into dropping his election petition against INEC and PDP candidate Femi Kila. Festus Olabode proceeds to file suit for N100 million in damages for violation of his human rights and disruption of his business.

August 2008 - Election tribunal rules in favor of Femi Kila of the PDP. Festus Olabode proceeds to court of appeal

June 2009 - Court of Appeal invalidates 20,000 votes for the PDP candidate Femi Kila because all 20,000 ballots possessed the same finger print and Proceeds to Declare Festus Olabode Ola rightful winner of the 2007 election for Ekiti Central Senatorial District.

July 2009 - Festus Olabode Ola is sworn in as Senator representing Ekiti Central. Festus Olabode Ola ends up on EFCC committee.

Present day - Senator Festus Olabode Ola awarded N50.8 million ruling against the EFCC.



Now,  I ask myself. What is the moral of this story?? I guess it is whatever you make of it.

texazzpete:

This has to be a nominee for brainless comment of the year.

Do we have such award ?

men the guy is now pimping his said hotel now jacuzzi all about men am happy for him shhaaa na luck!!!!!

EFFC has no Choice,but to pay the Costs awarded against them,or they can still appeal staying the execution of the Judgment by the Federal High Court

If it was to be in an advanced countries, some idiots in EFCC would have been sacked for making government loose that huge money.

Hehehe,

Ekiti people should start doing this in their state too. Going to court for their rights. It's about time Nigeria opens its useless eyes. Gosh, am begining to detest the leaders in this country.

efcc keee