Court strikes out Obanikoro’s suit
A Federal High Court in Lagos has struck out a N100 million suit filed by Senator Musiliu Obanikoro and his family against the Economic and Financial Crimes Commission (EFCC).
Obanikoro, his wife, Miroophat and his two sons, Gbolahan, Babajide and Fati, Babajide’s wife had sued the anti-graft agency for breach of their fundamental rights.
They urged the court to declare that the seizure of their personal property by the EFCC constituted a gross violation of their rights.
They also prayed for an order setting aside the forcible entry and confiscation of their property during the anti-graft agency’s raid on June 14.
Obanikoro further demanded an “unreserved public apology,” as well as N100 million as general damages from the EFCC.
They further sought an order restraining the EFCC from arresting, detaining or harassing them or entering their premises again for any confiscation.
But in a preliminary objection by the EFCC’s counsel, Mr. E. E. Iheanancho, he said Obanikoro received some suspicious payments from the Office of the National Security Adviser (ONSA).
He explained that the companies involved were linked to Obanikoro family, adding that $1,018,000 was transferred from the NSA’s office to Mob Integrated Services on March 18, 2015.
But, the Obanikoro family, through their counsel, Lawal Pedro, informed the court that the said documents and seized property “had nothing to do with the ONSA.”
According to them, the EFCC violated Regulation 13 of the EFCC (Enforcement Regulation) 2010, which provides that it shall apply and obtain a court order to enter and search any premises.
Justice AbdulAziz Anka, while striking out the suit said the application lacked judicial procedure and
He added that they could make a case for breach of rights during the criminal trial.