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High Court of the Federal Capital Territory (FCT) on Thursday slated
March 1, 2016 to decide an application brought before it by former
President Goodluck Jonathan's Aide de Camp (ADC), Col. Ojogbane Adegbe,
seeking to enforce his fundamental rights which the Economic and
Financial Crimes Commission (EFCC) allegedly violated by
Justice Yusuf Halilu handling the matter fixed the date after listening to the submissions of Adegbe's counsel, Ogwu Onoja (SAN) and the counter submissions of the respondent's counsel, Musu Benda, who asked the court to dismiss the application by the Jonathan's former ADC.
Benda had told the court that Col. Adegbe was detained at the pleasure of the Nigerian Army and not the EFCC.
Ogwu, in his submissions yesterday, said the anti-graft agency, in its counter affidavit to Adegbe's application, failed to avail the court with any reason for the unlawful detention.
He said EFCC has not attached any document to show that the applicant (Col Adegbe) is being detained by the Nigerian Army.
According to a motion on notice filed counsel representing Col Adegbe, dated February 16, 2016, he is asking the court to make an order for the Federal Government to pay him N100 million as general damages for detaining him unlawfully since February 11, 2016.
The former ADC to the Ex-President Jonathan is praying for a declaration that his arrest and continued detention by the EFCC since February 11, 2016 is unconstitutional as it offends his right to personal liberty as guaranteed by Section 35 of the 1999 Constitution of the Federal Republic of Nigeria.
The ex-President's ADC is equally asking the court to order the EFCC to release him from unlawful detention with immediate effect or, in the alternative, he wants an order admitting him to bail pending his trial in a court of competent jurisdiction since his case is not a capital offence.
In addition, Col Adegbe wants the respondent to write a letter of apology to him.
The applicant filed the suit on the grounds that his arrest and continued detention by the EFCC violate his rights to personal liberty and freedom of movement as guaranteed by Sections 35 and 41of the 1999 Constitution of the Federal Republic of Nigeria and Articles 5, 6, and 12 of the African Charter on Human and Peoples Rights.
In addition, the applicant said he is seeking the relief because his arrest and continued detention, "is neither known to any law nor permitted by any law/procedure and therefore not justified".
A supporting affidavit deposed to by one Michael David Adegbe, the younger brother of the ADC, stated that the applicant has been in EFCC detention facility since February 11, 2015 and has been denied administrative bail by the commission.
The deponent said Adegbe, after leaving office was sent on a military course in the United Kingdom.
"As a result of activities being undertaken by the EFCC in relation to activities of the former government of President Goodluck Jonathan, the respondent invited the applicant through the Nigerian Army.
"Having been summoned by the military authorities, Col Ojogbane Adegbe returned to Nigeria on February 10, 2015, and was subsequently handed over to the EFCC for questioning.
"Despite making his statement on that same day, EFCC continued to detain the applicant in their custody and have refused to grant him bail or charge him to court", the affidavit stated.
He claimed that the case against the applicant as seen from interrogation and questions put to him relates to his military official duties in receiving concealed messages from the office of the National Security Adviser and delivering them to persons on the instructions of President Jonathan.
Justice Yusuf Halilu handling the matter fixed the date after listening to the submissions of Adegbe's counsel, Ogwu Onoja (SAN) and the counter submissions of the respondent's counsel, Musu Benda, who asked the court to dismiss the application by the Jonathan's former ADC.
Benda had told the court that Col. Adegbe was detained at the pleasure of the Nigerian Army and not the EFCC.
Ogwu, in his submissions yesterday, said the anti-graft agency, in its counter affidavit to Adegbe's application, failed to avail the court with any reason for the unlawful detention.
He said EFCC has not attached any document to show that the applicant (Col Adegbe) is being detained by the Nigerian Army.
According to a motion on notice filed counsel representing Col Adegbe, dated February 16, 2016, he is asking the court to make an order for the Federal Government to pay him N100 million as general damages for detaining him unlawfully since February 11, 2016.
The former ADC to the Ex-President Jonathan is praying for a declaration that his arrest and continued detention by the EFCC since February 11, 2016 is unconstitutional as it offends his right to personal liberty as guaranteed by Section 35 of the 1999 Constitution of the Federal Republic of Nigeria.
The ex-President's ADC is equally asking the court to order the EFCC to release him from unlawful detention with immediate effect or, in the alternative, he wants an order admitting him to bail pending his trial in a court of competent jurisdiction since his case is not a capital offence.
In addition, Col Adegbe wants the respondent to write a letter of apology to him.
The applicant filed the suit on the grounds that his arrest and continued detention by the EFCC violate his rights to personal liberty and freedom of movement as guaranteed by Sections 35 and 41of the 1999 Constitution of the Federal Republic of Nigeria and Articles 5, 6, and 12 of the African Charter on Human and Peoples Rights.
In addition, the applicant said he is seeking the relief because his arrest and continued detention, "is neither known to any law nor permitted by any law/procedure and therefore not justified".
A supporting affidavit deposed to by one Michael David Adegbe, the younger brother of the ADC, stated that the applicant has been in EFCC detention facility since February 11, 2015 and has been denied administrative bail by the commission.
The deponent said Adegbe, after leaving office was sent on a military course in the United Kingdom.
"As a result of activities being undertaken by the EFCC in relation to activities of the former government of President Goodluck Jonathan, the respondent invited the applicant through the Nigerian Army.
"Having been summoned by the military authorities, Col Ojogbane Adegbe returned to Nigeria on February 10, 2015, and was subsequently handed over to the EFCC for questioning.
"Despite making his statement on that same day, EFCC continued to detain the applicant in their custody and have refused to grant him bail or charge him to court", the affidavit stated.
He claimed that the case against the applicant as seen from interrogation and questions put to him relates to his military official duties in receiving concealed messages from the office of the National Security Adviser and delivering them to persons on the instructions of President Jonathan.
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