EFCC Boss Risks Jail Over Alleged Disobedience Of Court Order | Independent Newspapers Limited
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EFCC Boss Risks Jail Over Alleged Disobedience Of Court Order

Ibrahim Magu, acting EFCC Chairman
Posted: May 12, 2016 at 4:00 am   /   by   /   comments (1)

 

Chukwudi Nweje

Lagos

A contempt charge has been brought against Mr. Ibrahim Magu, the acting Chairman of the Economic Financial Crimes Commission (EFCC), seeking to commit the EFCC boss to prison over his alleged failure to obey an order of the order of a Federal High Court, sitting in Abuja, the Federal Capital Territory (FCT).

The contempt charge contained in Form 49 of the Abuja High Court is asking the EFCC boss to show cause why he should not be committed to prison.

The contempt charge followed the failure of the EFCC to obey an order of a High Court sitting in Abuja, the federal capital territory (FCT), which ordered the anti-graft agency to pay a sum of N10m damages to Mr. Wolgang Reinl, an Abuja based Austrian Security contractor over his unlawful detention and seizure of his international Passport by commission.

The court presided over by Justice Peter Affen had found the EFCC culpable in respect of the unlawful arrest and detention of Mr. Reinl, who was arrested and detained from December 28, 2015 to February 5, 2016.

Justice Affen, in his judgement in the suit filed by Mr. Afam Osigwe, counsel to Mr. Reinl, seeking for the enforcement of his client’s fundamental human right, also ordered EFCC to immediately release the International Passport, Cheque Books, Cell-phones and other properties unlawful confiscated from Mr. Reinl.

The judgement delivered on May also ordered EFCC to pay a sum of N10m as compensatory damages for the unlawful detention of Reinl for a period of over five weeks.

The contempt charge addressed to EFCC boss read in part: “Take notice that the applicant will apply to this court for an order for your committal to prison for having disobeyed the order of this court as made by Honourable Justice Peter Affen of the FCT High Court in Abuja on April 20, 2016 requiring you to release forthwith the applicant international passport seized or confiscated in the wake of his arrest and detention and delist him from your watchlist or No-Fly list.

“And, also for your failure to obey the order of the court requiring you to pay the applicant the sum of N10m as compensatory damages for the violation of his fundamental rights to dignity of human person and personal liberty”.

It would be recalled that the FCT Abuja High Court held that the detention of the Mr. Reinl at the EFCC custody in Abuja for over a month was unlawful, unconstitutional and constituted a gross violation of the plaintiff fundamental right to dignity as enshrined in Section 34 and 35 of the 1999 Constitution.

However, at the time of this report, the EFCC had yet to comply with the judgement prompting the applicant through his lawyer Mr. Mazi Afam Osigwe to file the contempt charge against the EFCC boss for his committal to prison for violation of a lawful court order.

 

Comments (1)

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