A Bureau De Change operator, Suleiman Sani has instituted a fundamental rights suit against the Economic and Financial Crimes Commission, EFCC, for alleged arrest, torture, and illegal detention without trial.
The applicant through his lawyer, Edwin Anikwem, SAN, is also praying the court for an order mandating the EFCC to pay him N200million as general damages, and N1billion as exemplary damages exemplary damages for flagrant violation of his fundamental rights.
The applicant in his suit is further asking the court for an order compelling the EFCC to tender an unreserved public apology for the infringement on his fundamental rights.
In a 33-paragraph affidavit sworn to by Olalekan Bayode, a litigation clerk in the law firm of Edwin Anikwem, SAN, he averred that the applicant is currently at the EFCC detention centre at Okotie Eboh Street, Ikoyi, Lagos, since June 1, 2024, when he was arrested by the respondent.
He averred that the applicant has been carrying on his business since 1993 as a bureau de change operator.
The deponent stated that the applicant was invited by the EFCC, through a telephone call on June 1, 2024, to report to their office at 15A, Awolowo Road, Ikoyi, Lagos and as a responsible and law abiding citizen, he complied with the invitation.
According to the deponent, upon the arrival of the applicant at the said EFCC office on June 1, 2024, the applicant was asked about certain transactions in relation to his bureau de change business which he provided.
He averred that the officers of the EFCC informed him that the answers he provided were unsatisfactory and prevented him from leaving their office thereby arresting and detaining him.
READ ALSO: Edo govt writes Okpebholo, APC on formation of transition team
He stated that the applicant was not given any information about the nature of the offence he was arrested and detained for.
He stated, “The applicant has not been charged of any criminal offence neither has he been informed of what his offence is since his arrest and detention on June 1, 2024.
“That because of the poor sanitary condition of the cell, the applicant developed an extremely painful abscess on his fingertips while he was in detention.”
He added that the applicant was not treated of the ailment despite complaining officially to be taken to the hospital, and as a result of the said untreated painful abscess on the fingertips, the applicant developed high blood pressure.
“That when the applicant complained to officers of EFCC about his health condition, he was ignored as there was no medical facility to cater for his deteriorating health.
“That as a result of the applicant’s arrest and detention without trial, the applicant’s business has been closed for more than 150 days, which has led to substantial financial loss in the business.
“That the applicant is the sole breadwinner of his family which comprises a housewife, eight children and an ailing aged mother of 105 years old.
“That as a result of the applicant’s arrest and detention, the applicant’s children have been out of school due to inability pay their school fees and other incidental expenses.
“That as a result of the applicant’s arrest and continued detention, the applicant’s mother has resorted to praying for death as she does not want to be the one to bury her son.”
READ ALSO: Reverse hike in petrol price pending court verdict, SERAP tells Tinubu
He stated that it would be in the interest of justice for the application to be urgently and expeditiously determined as the applicant has been languishing in detention.
Consequently, the applicant is praying for declaration that the continued detention of the applicant by the EFCC, without charging him to court flagrantly violates his fundamental rights to life, respect for the dignity of his person, liberty and movement as guaranteed by Sections 33, 34, 35 and 41 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Article 6 of the African Charter on Human and People’s Rights (Ratification and Enforcement) Act, Cap A9 Laws of the Federation of Nigeria, 2004 and is therefore unconstitutional, unlawful, illegal, null and void.
*An order enforcing the applicant’s fundamental rights by ordering his release from unlawful detention currently imposed on him by the respondents.
“An order compelling the respondents to tender an unreserved public apology to the applicant for the infringement on his fundamental rights.
“An order mandating the respondents to pay to the applicant general damages of N200million only for harassment, torture, arrest and unlawful detention of the applicant’s person without trial.
“An order mandating the Respondents to pay to the applicant the sum of N1billion only as exemplary damages for the
flagrant violation of his fundamental rights to wit: unlawful arrest and detention without trial.
“And such further order or orders as this court may deem fit to make in the circumstances.”
