Justice A. Abdullahi of the Federal Capital Territory (FCT) High Court has ordered the Economic and Financial Crimes Commission (EFCC) to pay N2 million in damages to Abubakar Isa for the violation of his fundamental human rights.
In a judgment delivered over the weekend, the court ruled that the EFCC breached Section 35(3) of the 1999 Constitution in the arrest, detention, and interrogation of Isa. The court found the anti-graft agency acted unlawfully by failing to inform Isa, in writing and within the constitutionally required 24 hours, of the allegations against him.
Justice Abdullahi also issued a restraining order, barring the EFCC, its agents, and representatives from further harassing, threatening, arresting, or detaining Isa without complying with the relevant constitutional provisions.
In addition to the restraining order, the court awarded N2 million in damages to Isa for the violation of his rights.
Isa had taken the EFCC to court through his lawyer, Femi Atteh, SAN, naming the EFCC Chairman, Mr. Olanipekun Olukeyede, and Mr. Bawa Kaltunga (Head of the AMCON Desk) as co-defendants. The claimant sought several reliefs, including a declaration that his arrest and interrogation—without formal written notice of the allegations within 24 hours—were unconstitutional. He also requested a court order to stop further rights violations by the EFCC or any of its affiliates.
This ruling follows a related case from last year (Suit No. FHC/ABJ/CS/407/2024), in which Justice M. Olajuwon of the Federal High Court voided an earlier ex-parte order obtained by the EFCC to freeze Isa’s account. In that judgment, the court criticized the EFCC for failing to act in good faith and not fully disclosing facts when seeking the freeze order.
“With the foregoing, it is apparent that in obtaining the court order, the applicant/respondent did not act in good faith and failed to make full disclosure, thereby preventing the court from appropriately dealing with the application,” Justice Olajuwon had ruled.