Fundamental Rights Suit: Judge rules that the detention of Fani-Kayode by the EFCC is not illegal
Thu Jun 30, 2016 07:53:am National
3K By Buchi Obichie
A fundamental rights enforcement application instituted by the embattled former Minister of Aviation, Femi Fani-Kayode, against his detention by the Economic and Financial Crimes Commission, EFCC, was dismissed on Wednesday, by an Abuja High Court in Apo, FCT.
Fani-Kayode, who is currently answering to a 17-count charge bordering on conspiracy, stealing, corruption and making cash payments exceeding the amount authorised by law before the Lagos Division of the Federal High Court, had approached the Abuja court, praying it to order his release from custody of the anti-graft agency.
According to Justice Olukayode Adeniyi, the arrest and subsequent detention of the applicant (Fani-Kayode) by the EFCC on May 9, was not illegal since the action was backed by a valid court order; thus, the suit was dismissed.
However,the EFCC was chided by Justice Adeniyi, for often adopting the approach of arresting and detaining of suspects for the purpose of investigation. The Judge said the Commission, being an establishment of the law, should always stick to the tenets of the Rule of Law.
He said: "It is expected that EFCC should be more professional in carrying out their duties. A situation whereby they arrest and detain suspects before rushing to obtain court orders is wrong.
"As much as they want to fight corruption, it should be done in accordance with the Rule of Law."
Fani-Kayode, who is currently answering to a 17-count charge bordering on conspiracy, stealing, corruption and making cash payments exceeding the amount authorised by law before the Lagos Division of the Federal High Court, had approached the Abuja court, praying it to order his release from custody of the anti-graft agency.
According to Justice Olukayode Adeniyi, the arrest and subsequent detention of the applicant (Fani-Kayode) by the EFCC on May 9, was not illegal since the action was backed by a valid court order; thus, the suit was dismissed.
However,the EFCC was chided by Justice Adeniyi, for often adopting the approach of arresting and detaining of suspects for the purpose of investigation. The Judge said the Commission, being an establishment of the law, should always stick to the tenets of the Rule of Law.
He said: "It is expected that EFCC should be more professional in carrying out their duties. A situation whereby they arrest and detain suspects before rushing to obtain court orders is wrong.
"As much as they want to fight corruption, it should be done in accordance with the Rule of Law."
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