A contempt charge has been filed against the acting Chairman of the Economic Financial Crimes Commission (EFCC), Mr. Ibrahim Magu seeking to commit him to prison by an Abuja High Court over his alleged disobedience to court order.
The contempt charge contained on Form 49 of the Abuja High Court on the EFCC boss is asking him to show cause why he should not be committed to prison.
The contempt charge followed the refusal of the EFCC to obey orders issued by Justice Peter Affen of the Abuja High Court in respect of the unlawful arrest and detention of an Austrian security expert, Mr. Wolgang Reinl in which the EFCC was found culpable.
Among others, Justice Affen has ordered EFCC to immediately release the International Passport, Cheque Books, Cell-phones and other properties of the foreign businessman unlawful confiscated from him since December 2015 when his Abuja house was illegally invaded and ransacked by the operatives of the anti-graft agency.
The judge also ordered EFCC to pay the security expert a sum of N10m as compensatory damages for his unlawful detention from December 28, 2015 to February 5, 2016, a period of over five weeks.
The contempt charge addressed to EFCC boss read in part: “Take notice that the applicant will apply to this court for an order for your committal to prison for having disobey the order of this court as made by honourable Justice Peter Affen of the FCT High Court in Abuja on April 20, 2016 requiring you to release forthwith the applicant international passport seized or confiscated in the wake of his arrest and detention and delist him from your watchlist or No-Fly list.
“And also for your failure to obey the order of the court requiring you to pay the applicant the sum of N10m as compensatory damages for the violation of his fundamental rights to dignity of human person and personal liberty.”
It would be recalled that the FCT Abuja High Court had ordered EFCC to pay a sum of N10m damages to the security expert over his unlawful detention and seizure of his international Passport by the anti-graft agency.
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.
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.
However, at the time of this report, the EFCC had yet to comply with the judgement prompting the applicant through his lawyer Mr. Mazi Afam Osigwe to file the contempt charge against the EFCC boss for his committal to prison for violation of a lawful court order.
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First step for following government of men and godfathers rather than government of laws and constitution.
Now, nigeria a ‘fantastic corrupted’ nation, as branded ,internationaly, by the present government. Not only in monetary aspect, but in morals and obeying the rule of laws and stipulated constitutions. Keep up Federal Government. There is always an end to celeberation.
Justice Affen must explain how much bribes he has received to seek detention of the head of EFCC.. If the EFCC is a prosecuting agent of the constitution, where does Affen derive the authorities to detain Magu ? Judge Affen, should mind the love and affection Nigerians have for Magu and the importance of his work. Chief Justice Muhammed must step in this issue. Nigerians do not care whose toes are stepped on or whose ox or gored by the EFCC. Affen needs to be removed from the bench as his interest in the corruption cases before him has been to favor the thieves and embezzlers. Judges like him and Ademola are part of the reasons corruption is hard to fight and making President Buhari ‘s fight more different. This is the main reaso Chief Justice Muhammed need to constitute a separate court to prosecute EFCC and ICPC cases. Nigeria judges are the ones frustrating every effort by the EFCC to prosecute and jail crooks being prosecuted. Judge Affen attempt to detain Magu for contempt shows how corruption is fighting back in Nigeria. What a hopeless situation for Nigerians seeking justice.
So judges should not be on the side of the law,bcoz no matter how the law enforcement agencies fight this war on corruption,they should be OK
Pls let’s be reasonable,realising that by now,Nigeria should be a good example to other African countries
May Almighty God bless the Judge for not getting intimidated by gestaponic EFCC and their forces to be fair and justice in the ruling. If Nigeria can have such fearless and courageous judges in the system all the bravagado and unneccesary harrasment will stop
When will the EFCC and the police be folowing the rule of law and due process with disobedience to court of law. Can the country continue like this? We must tell ourselves the naked truth and nothing but the truth