.Orders EFCC to return seized property

Justice Isa Dashen of the Federal High Court, Yenagoa, has declared that the publication of the Economic and Financial Crimes Commission (EFCC) in The Guardian Newspaper, on June 8, 2022, naming Pastor Oyinmiebi Bribena and his wife, Pastor Beatrice Bribena, as wanted without a valid court order, is unjustified, unlawful and unconstitutional.

The judge made this declaration while ruling on a matter marked FHC/YNG/CS/132/2022, which was filed on June 10, 2022, seeking the enforcement of the fundamental human rights of the Bribena’s against the EFCC and Wilson Uwujaren.

Bribena is the Pastor in charge of Christ Embassy Church in Kumasi Ghana.
The court entered judgment in their favour and resolved the sole issue against the EFCC and Uwujaren.

Additionally, the court declared that the EFCC’s June 8, 2022 publication on page 36, declaring the duo wanted without a valid court order, constitutes a breach of their fundamental rights to personal liberty, freedom of movement, right to private and family life and dignity of the human person, as guaranteed by Sections 34(1), 35(1), 37, and 41(1) of the 1999 Constitution of Nigeria (as amended) and Articles 4, 5, 6, and 12(1) of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, Cap A9, Laws of the Federation, 2004.

Justice Dashen further ordered the EFCC to offer a public apology to the claimants for the unlawful and unconstitutional publication.
The court also restrained the EFCC from inviting, harassing, arresting, and detaining Oyinmiebi and Beatrice Bribena, pending the determination of suit FHC/YNG/CS/125/2022 between Bliss Multinational Perfections Limited and another vs. Economic and Financial Crimes Commission.

Furthermore, Justice Dashen awarded the sum of N10 million as exemplary damages against the EFCC and Uwujaren for the unlawful infringement of their fundamental rights and the psychological trauma and humiliation they suffered as a result of the unlawful and unconstitutional publication.

In a related case marked FHC/YNG/CS/125/2022 between Bliss Multinational Perfections Limited and Oyinmiebi Bribena vs. the Economic and Financial Crimes Commission, Justice Dashen granted several declarations in favour of the applicants against the EFCC.

The court declared that by virtue of the provisions of Sections 49 and 50 of the Nigeria Co-operative Societies Act, 1993, Cap C.35, Laws of the Federation of Nigeria, 2006, members of Baraza Multipurpose Co-operative Society cannot report any dispute arising from transactions between themselves and the Co-operative Society, to any security agency or resort to any court of law without first reporting to the Registrar/Director of Bureau of Co-operative Societies, Bayelsa State.

It also declared that by the interpretation of the provisions of Sections 49 and 50 of the Nigeria Co-operative Societies Act, 1993, Cap C.35, Laws of the Federation of Nigeria, 2004; and Section 51 of the Co-operative Societies Law of Bayelsa State Cap, C11, 2006, the defendant cannot interfere in any dispute between members of Baraza Multipurpose Society arising from the registered business objects of the co-operative society.

Further, the court declared that by the provisions of the EFCC’s Act, 2004, the agency is not empowered to wade into disputes borne out of civil transactions arising from the registered business objects of the cooperative society and that by the provisions of the agency’s Act, 2004, it cannot seize properties belonging to the plaintiffs which are clearly not proceeds of crime.

Justice Dashen in addition gave a declaration that the seizure and sealing of Bliss Multinational Perfections Limited’s property situated at No. 1 Otiotio Road, Yenezue-Gene, Yenagoa, Bayelsa Bayelsa State (known as Bliss Emporium) not being proceeds of any crime, by the EFCC is wrong, unlawful and ought to be returned.

He also declared that the seizure and sealing of the jointly owned property of Bliss Multinational Perfections Limited and Οyinmiebi Bribena,situate at No. 57, Green Villa Road, Biogbolo, Yenagoa, Bayelsa State, not being proceeds of any crime, by the EFCC is wrongful, unlawful, and ought to be returned.

Also, he declared that the seizure and sealing of Bliss Multinational Perfections Limited and Miebi Bribena’s jointly owned property situate at No. 57, Green Villa Road, Biogbolo, Yenagoa, not being proceeds of any crime, by the defendant, is wrongful, unlawful and ought to be returned.

The court in addition declared that the EFCC’s instructions to Miebi Bribena’s bankers to place a Post-No-Debt/lien or freeze on his bank accounts on account of purported criminal investigation of fraud on the occasion of disputes arising from ciivil transactions between members of a co-operative society to wit: Baraza Multipurpose Co-operative Society, without recourse to the registrar or director of Bureau of Co-operative Societies, Bayelsa State, is wrongful, unlawful and ought to be unfrozen.

The court subsequently gave an order of perpetual injunction directing and compelling the EFCC to refrain from inviting, threatening to arrest, threatening to detain, actual arrest, detention and harassment of the Oyinmiebi Bribena, over disputes arising from transactions of Baraza Multipurpose Co-operative Society.

It further ordered EFCC to immediately return the seized property belonging to Bliss Multinational Perfections Limited, situated at NO. 1, Otiotoio Road, Yene-Gene, Yenagoa Baylesa State (Known as Bliss Emporium) as the described property was not gotten from proceeds of any crime and also immediately return the seized property jointly belonging to Οyinmiebi Biribena, situate at No. 57 Green Villa Road, Biogbolo, Yenagoa Bayelsa State.

The court also ordered EFCC to immediately withdraw any instruction(s) directing Οyinmiebi Biribena’s bankers to place a Post-No-Debt or lien or freezing of his bank accounts as well as an order of Perpetual Injunction restraining the EFCC from inviting, harassing, arresting, detaining, threatening to arrest or detaining the Plaintiff’s as a result of the civil dispute between Baraza Multipurpose Co-operative Society Limited and her members, or on matters arising from the registered business objects of the co-operative society.

Instead of the N100million requested, the court granted the sum of N10 million only against the EFCC in favour of the plaintiffs as exemplary damages, for the unlawful seizure/attachment of the properties belonging to the duo.