BDC operator sues EFCC, demands N1.2b over ‘illegal’ detention

A Bureau De Change operator, Suleiman Babangida Sani, has filed a fundamental rights enforcement suit against the Economic and Financial Crimes Commission (EFCC) for allegedly arresting, detaining, and torturing him without trial.

The applicant, through his counsel, Edwin Anikwem (SAN), is also praying the court for an order mandating the EFCC to pay him N200 million as general damages and N1 billion as exemplary damages for flagrant violation of his fundamental rights.

The suit brought pursuant to Section 46 of the 1999 Constitution is also asking the court for an order compelling the EFCC to tender an unreserved public apology for the infringement.

In a 33-paragraph affidavit sworn to by Olalekan Joseph Bayode, a litigation clerk in the law firm of Edwin Anikwem (SAN), he stated that the applicant has been at the EFCC detention centre at Okotie Eboh Street, Ikoyi, Lagos, since the 1st of June, 2024, when he was arrested by the respondent.

He averred that the applicant has been carrying on his business since 1993 as a Bureau De Change operator.

The deponent stated that the applicant was invited by the EFCC through a telephone call on June 1, 2024, to report to their office at 15A, Awolowo Road, Ikoyi, Lagos, and as a responsible and law-abiding citizen, he complied with the invitation.

According to the deponent, upon the arrival of the applicant at the said office of the EFCC, the applicant was asked about certain transactions in relation to his Bureau De Change business, which he provided.

He averred that the officers of the EFCC informed him that the answers he provided were unsatisfactory and prevented him from leaving their office, thereby arresting and detaining him.

He stated that the applicant was not given any information about the nature of the offence he was arrested and detained for.

He swore: “The applicant has not been charged with any criminal offence, nor has he been informed of what his offence is since his arrest and detention on the 1st of June, 2024.”

“Because of the poor sanitary condition of the cell, the applicant developed an extremely painful abscess on his fingertips while he was in detention.”

He added that the applicant was not treated for the ailment despite complaining officially to be taken to the hospital, and as a result of the said untreated painful abscess on the fingertips, the applicant developed high blood pressure.

His words: “When the applicant complained to officers of the Economic and Financial Crimes Commission (EFCC) about his health condition, he was ignored as there was no medical facility to cater for his deteriorating health.

“That as a result of the applicant’s arrest and detention without trial, the applicant’s business has been closed for more than 150 days, which has led to substantial financial loss in the business.

“That the applicant is the sole breadwinner of his family, which comprises a housewife, eight children, and an ailing aged mother of 105 years old.

“That as a result of the applicant’s arrest and detention, the applicant’s children have been out of school due to the inability to pay their school fees and other incidental expenses.”