From Godwin Tsa, Abuja
The Benue state High Court has ordered the Nigeria Export and Import Bank (NEXIM), to pay the sum of N500 million to it’s former Managing Director, Roberts Orya as damages for instigating his wrongful and illegal detention by security agencies, through multiplicity of petitions against him.
Besides, the court in it’s judgment warned NEXIM Bank led by Abba Bello to desist from using federal government institutions to witch hunt the former managing director of the bank in the guise of statutory powers.
In addition, the court equally granted an order of perpetual injunction restraining the Economic and Financial Crimes Commission (EFCC), the Inspector General of Police (IGP); Department of State Security Service (DSS); the Independent Corrupt Practices and other Related Offences Commission (ICPC); Code of Conduct Bureau (CCB)) and the Nigeria Export and Import Bank (NEXIM Bank) from further invading his residence or any form of confiscation of his property.
Justice M.A Ikpambese gave the orders while delivering judgment in a fundamental rights enforcement suit marked MHC/2393M/2020, filed by the applicant against the respondents.
He further granted an order of perpetual injunction restraining NEXIM Bank, it’s agents and privies from further intimidation of the applicant by multiplicity of petitions against him to the EFCC and ICPC.
The court also declared the threat to seizure and confiscation of the applicant’s property by the respondents as wrongful, illegal, null and void as it amounted to a breach of his right to own movable properties.
Justice Ikpambese further held that the respondents lacked rights
to invade and search the home of the Applicant without a search warrant and without an order of court.
He equally declared that the constant harassment, threats to arrest, intimidation of the Applicant by the Respondents is illegal, and a breach of his Fundamental Human Rights.
The court went further to declare that the perpetual investigation of the Applicant without charging him to Court by multiple security outfits (including EFCC, Police, ICPC, DSS, and CCB) amounts to breach of thr applicant’s fundamental human rights.
It was also the judgment of the court that the applicant is entitled to counsel of his choice upon arrest and he is entitled to be charged to Court within a reasonable time as stipulated by the 1999 constitution.
While the court declined to grant applicant’s request directing the respondents to offset the cost of litigation, it however, ordered the respondents to tender public apology to him and to publish it in five national dailies.
Before granting the orders and declaratory reliefs, the court had dismissed all the preliminary objections brought by the EFCC, DSS, ICPC and NEXIM Bank challenging the jurisdiction of the court to entertain the matter agreed with the submission of counsel to Orya, M.S Agaku.
In resolving the issues raised in the consolidated objections in favour of the applicant, the court found the arrest and detention of Orya Roberts by the respondents to be multiple and duplication of same set of facts without a legal foundation.
Specifically, the court frowned at the situation were both the EFCC and the Police arrested and detained the applicant for a period exceeding two days at Abuja where there are courts in every District. The Court declared that “it is trite law that where the arrest and detention of a person are unlawful and unconstitutional any subsequent arraignment of that person before a court of law cannot and would not cure the illegality or unconstitutionality.”
While M.S Agaku represented the applicant, G.G Chia Yakua appeared for EFCC while also holding the brief of Along Bako for ICPC, M.S Hassan appeared for DSS and J.T Garba for NEXIM Bank.
The applicant had on December 10, 2020, appraoched the court with his fundamental rights enforcement suit pursuant to the relevant provisions of the law including sections 34, 36(1) (6); 37 and 44 of the 1999 constitution.
The application was supported by 40 paragraph affidavit he personally deposed in support of his case.
Although the judgment was delivered on March 31, 2021, its certified true copy was obtained by Daily Sun on Monday, May 10, 2021.