• Home
  • Anti-Corruption
  • Fact-Check
  • Economy
  • National
    • Government
  • Security
  • Features
  • State
  • Event
    • PR Nigeria Award
  • E-Paper
Search
  • Home
  • About
  • Adverts
  • Contact
Sign in
Welcome! Log into your account
Forgot your password? Get help
Password recovery
Recover your password
A password will be e-mailed to you.
PRNIGERIA PRNigeria News
PRNIGERIA PRNIGERIA
  • Home
  • Anti-Corruption
    • Chinese nationals jailed in Lagos

      Court Jails Nine Chinese Nationals for Cybercrime in Lagos

      ASUU

      Tackle Corruption, Institutional Decay – ASUU Charges FG

      EFCC Arraigns Bauchi Accountant General Over N8bn Fraud as Court Sentences…

      PRNigeria logo fearured image

      EFCC Arraigns Ex-Convict, Other for Naira Abuse in Lagos

      EFCC Arrests 37 Suspected Internet Fraudsters in Ilorin

  • Fact-Check
  • Economy
    • CBN

      The Facts About Nigeria’s Debts Burden Under Tinubu’s Watch By Zekeri…

      Ibrahim Yahaya Dandakata of Arewa Economic Forum AEF

      AEF Slams CBN’s New BDC Policy, Cites Threat to Northern Economy…

      Google Search Tech Digest

      7 Smart Google Search Tips That Will Save You Hours By…

      U.S. VISA

      REVEALED: Why US Reduced Visa Validity for Nigerians to 3 Months…

      Comptroller General Nigerian Customs Bashir Adewale

      Nigeria Customs Takes Anti-Money Laundering Fight to the Skies

  • National
    • Senator Ireti Kingibe Defects from Labour Party, Joins ADC

      FG Secures 44 New Convictions in Terrorism Financing Trial

      Board Approves Promotion of 95 Senior Officers in Immigration, Civil Defence,…

      Officers of NSCDC Mining Marshals

      Alake’s Verdict on Mining Marshals By Abdullahi O Haruna Haruspice

      CBN

      The Facts About Nigeria’s Debts Burden Under Tinubu’s Watch By Zekeri…

    • Government
      • Senator Ireti Kingibe Defects from Labour Party, Joins ADC

        Police Officer

        Niger Police Confirm Arrest of 22 Illegal Miners After Violent Clash

        Governor Yusuf of Kano Wins Top Infrastructure Award at London’s 15th…

        Mohammed Idris

        Local Government Autonomy Not Negotiable — FG Declares

        NELFUND

        NELFUND Resumes Monthly Upkeep Payments, Credits Over 3,600 Students

  • Security
    • Bandit banditry

      Lakurawa kills 3 police operatives in Kebbi

      Police Officer

      Niger Police Confirm Arrest of 22 Illegal Miners After Violent Clash

      FG Secures 44 New Convictions in Terrorism Financing Trial

      Troops Nab Three Gunrunners, Recover AK-47 Rifles, Ammo in Kaduna

      Board Approves Promotion of 95 Senior Officers in Immigration, Civil Defence,…

  • Features
    • Officers of NSCDC Mining Marshals

      Alake’s Verdict on Mining Marshals By Abdullahi O Haruna Haruspice

      CBN

      The Facts About Nigeria’s Debts Burden Under Tinubu’s Watch By Zekeri…

      Soludo and Radda’s Candid Confessions on Homegrown Terror By Tahir Ahmad

      Nigerian Banks

      Nigeria’s Second Chance at a Global Cashless Future By Fatimah Yusuf…

      Customs boss, CGC Bashir Adewale Adeniyi with NAFDAC DG Professor Moji Adeyeye

      Customs, NAFDAC Activate MoU to Fight Substandard Products By Abdullah Maiwada

  • State
    • Senator Ireti Kingibe Defects from Labour Party, Joins ADC

      Bandit banditry

      Lakurawa kills 3 police operatives in Kebbi

      Police Officer

      Niger Police Confirm Arrest of 22 Illegal Miners After Violent Clash

      Governor Yusuf of Kano Wins Top Infrastructure Award at London’s 15th…

      Troops Intercept 3 Gunrunners, Seize Weapons, Cash in Kaduna

  • Event
    • Asiwaju Adegboyega Solomon Awomolo

      47 Years of Excellence: Honoring Asiwaju Awomolo, SAN

      NCoS inmates

      58 Inmates in Kano Sit for 2025 NECO Exams, Thanks to…

      Troops of the Nigerian Army giving a salute

      162nd Anniversary: Tinubu Salutes Nigerian Army, Hails Troops as Guardians of…

      President & Chairman of Governing Council, Dr. Ike Neliaku

      NIPR Lauds Nigerian PR Firms for Outstanding Performances at 2025 SABRE…

      SCN NGO signs partnership with PRNIGERIA

      SCN NGO Seals Partnership with PRNigeria to Amplify its Humanitarian Projects

    • PR Nigeria Award
  • E-Paper
Home Anti-Corruption Unlawful Detention of Foreigner: Court Awards N10mn Damages Against EFCC
  • Anti-Corruption
  • Security

Unlawful Detention of Foreigner: Court Awards N10mn Damages Against EFCC

By
Prnigeria
-
May 8, 2016
EFCC
EFCC

EFCC-OPERATIVES-OUTSIDE-IBADAN-HIGH-COURT-OYO-STATE5.…. Orders Immediate Release of Plaintiff’s Travel Documents, Removal from Watch-list

An Abuja High Court has ordered the Economic and Financial Crimes Commission (EFCC) to pay a sum of N10m damages to an Abuja based foreigner and security expert Mr. Wolgang Reinl over his unlawful detention and seizure of his international Passport by the anti-graft agency.

The N10m fine was imposed on EFCC as compensatory damages for the violation of fundamental rights of Wolgang Reinl to dignity of human person and personal liberty.

The court also barred the EFCC from arresting, re-arresting, detaining or embarking on further seizure of the international passport of the plaintiff who is an Austrian Security consultant.

In his judgment in the legal action instituted by Wolgang Reinl to challenge his arrest and detention since December 12 2015 to February 2, 2016, Justice Peter Affen ordered that EFCC must forthwith release the international passport, cheque books and cell phones seized from the plaintiff in the wake of his arrest and detention.

Justice Affen in 27-page judgment also ordered EFCC to delist the foreign security expert from their watch-list or no-fly list as doing so infringes on the fundamental rights of Reinl to freedom of liberty.

The court held that the detention of the plaintiff 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.

Reinl had through his lawyer Mr Afam Osigwe dragged the EFCC before the Abuja High Court to challenge his arrest and detention by the anti-graft agency for no just cause.

He claimed that 5 operatives of the EFCC had in December last year stormed his Abuja residence without lawful court order and search warrant invaded his house and made away with his properties on the ground that they were investigating a money laundering matter.

The plaintiff also claimed that the 5 EFCC operatives refused bluntly to identify themselves and forcefully took him to their Wuse office where he was detained for 5 weeks and his properties confiscated.

In the suit, the plaintiff prayed the court for an order of injunction restraining EFCC by itself, servants, privies, agents or whosoever purporting to act on its behalf from violating or further violating his fundamental right as guaranteed by the Section 34, 35 and 43 of the 19999 Constitution.

Read Also:

  • Senator Ireti Kingibe Defects from Labour Party, Joins ADC
  • Lakurawa kills 3 police operatives in Kebbi
  • Niger Police Confirm Arrest of 22 Illegal Miners After Violent Clash

The plaintiff prayed the court for an order to remove his name from EFCC watch-list and to direct the anti-graft agency to tender a public apology to him and also for the immediate release of his international passport and other confiscated properties.

In its defence, the EFCC flatly denied ever arresting, detaining or seizing any property of the security expert as their detention records did not indicate anything like that.

However, in his judgment, Justice Affen said “it occurs to me however that whereas the plaintiff specifically mentioned CSP Sharu and Madaki as two investigating officers involved in his arrest and detention, the counter affidavit by the respondent is deafening silent as to whether or not the duo of CSP Sharu and Madaki are the respondent’s operatives.

“The law is well settled that where specific facts have been alleged against any person, it is that person but no other who may deny or refute those facts.”

“It therefore seems to me that feeble spirited denial in the counter affidavit is not sufficient in law to dislodge the plaintiff allegation and I cannot but find and hold that plaintiff was arrested and detained by the respondent for about five weeks from December 28, 2015 to February 5, 2016 as alleged and which constitutes a flagrant violation of the plaintiff fundamental rights to personal liberty”.

“I equally find and hold that the EFCC seized or confiscated the plaintiff international passport in flagrant violation of his right to freedom of movement as guaranteed under Section 12 of the African Charter.”

While acknowledging the onerous statutory responsibility of EFCC in investigating financial crimes, Justice Affen urged the body and other law enforcing agencies to “necessarily keep within the detention timelines prescribed by law as well as scrupulously observe the procedural safeguards required of them in order to maintain the delicate balance between law enforcement on one hand, and according due regard and recognition to human rights on the other hand.

“It cannot be over-emphasized that law enforcing agencies must operate within the confines of the laws they are required to enforce in order to make law enforcement more effective and effectual”.

“Law enforcers must observe and ensure the observance of ‘the law behind the law’ by demonstrating a moral commitment to the very laws they are required to enforce, for without such moral commitment to the law ‘who will guard the guard, and who will police the police.’

“Any failure or neglect by them to observe that timelines and safeguards may constitute an infraction of rights guaranteed and protected by the constitution which the supreme law of the land and from which other laws derived their validity,” the Judge said.

By PRNigeria

VISIT OUR OTHER WEBSITES
PRNigeria.com EconomicConfidential.com PRNigeria.com/Hausa/
EmergencyDigest.com PoliticsDigest.ng TechDigest.ng
HealthDigest.ng SpokesPersonsdigest.com TeensDigest.ng
ArewaAgenda.com Hausa.ArewaAgenda.com YAShuaib.com
  • TAGS
  • Abuja High Court
  • Afam Osigwe
  • efcc
  • Peter Affen
  • Wolgang Reinl
Previous articleBoko Haram Now Parade in Uniform
Next articleDHQ Warns Mischief Makers
Prnigeria
Prnigeria
https://prnigeria.com
PRNigeria is the pioneer Press Release Distribution agency in Nigeria. A member of image Merchant Promotions limited, PRNigeria encourages individuals and organisations to be more transparent in their information management. with dedicated Editorial staffs, the PRNigeria ensures that information provided on its platforms are timely, factual and authoritative Read more at: //prnigeria.com/about/
Facebook Twitter

RELATED ARTICLESMORE FROM AUTHOR

Bandit banditry

Lakurawa kills 3 police operatives in Kebbi

Police Officer

Niger Police Confirm Arrest of 22 Illegal Miners After Violent Clash

FG Secures 44 New Convictions in Terrorism Financing Trial

Troops Nab Three Gunrunners, Recover AK-47 Rifles, Ammo in Kaduna

Board Approves Promotion of 95 Senior Officers in Immigration, Civil Defence, Fire, Correctional Services

Officers of NSCDC Mining Marshals

Alake’s Verdict on Mining Marshals By Abdullahi O Haruna Haruspice

Defence Minister Abubakar Badaru

Nigeria’s Future Rests on Smart Defence Management — Badaru to Military Leaders

Customs boss, CGC Bashir Adewale Adeniyi with NAFDAC DG Professor Moji Adeyeye

Customs Hands Over 99.2bn Worth of Illicit Pharmaceutical Products to NAFDAC

Troops Intercept 3 Gunrunners, Seize Weapons, Cash in Kaduna

Military Troops

Troops Bust IPOB/ESN Logistics Network, Arrest Informants in Southeast — DHQ

Soludo and Radda’s Candid Confessions on Homegrown Terror By Tahir Ahmad

Air Chief Rallies New Intelligence Officers for Proactive Security Response

LEAVE A REPLY Cancel reply

Log in to leave a comment

Recent Posts

  • Senator Ireti Kingibe Defects from Labour Party, Joins ADC
  • Lakurawa kills 3 police operatives in Kebbi
  • Niger Police Confirm Arrest of 22 Illegal Miners After Violent Clash
  • FG Secures 44 New Convictions in Terrorism Financing Trial
  • Troops Nab Three Gunrunners, Recover AK-47 Rifles, Ammo in Kaduna
  • Home
  • About
  • Adverts
  • Contact
© 2020 PRNigeria. All Rights Reserved.
Latest News
Senator Ireti Kingibe Defects from Labour Party, Joins ADCLakurawa kills 3 police operatives in KebbiNiger Police Confirm Arrest of 22 Illegal Miners After Violent ClashFG Secures 44 New Convictions in Terrorism Financing TrialTroops Nab Three Gunrunners, Recover AK-47 Rifles, Ammo in KadunaBoard Approves Promotion of 95 Senior Officers in Immigration, Civil Defence, Fire, Correctional ServicesAlake's Verdict on Mining Marshals By Abdullahi O Haruna HaruspiceThe Facts About Nigeria’s Debts Burden Under Tinubu’s Watch By Zekeri Idakwo LarubaGovernor Yusuf of Kano Wins Top Infrastructure Award at London’s 15th African Achievers EventLocal Government Autonomy Not Negotiable — FG DeclaresNigeria’s Future Rests on Smart Defence Management — Badaru to Military LeadersCustoms Hands Over 99.2bn Worth of Illicit Pharmaceutical Products to NAFDACTroops Intercept 3 Gunrunners, Seize Weapons, Cash in KadunaTroops Bust IPOB/ESN Logistics Network, Arrest Informants in Southeast — DHQSoludo and Radda’s Candid Confessions on Homegrown Terror By Tahir Ahmad
X whatsapp