Ex-banker’s N10 million rights suit against EFCC, others dismissed

Justice Kehinde Ogundare of the Federal High Court, Lagos has dismissed a N10 million fundamental rights enforcement suit filed by a former bank manager, Fidelis Egueke, against the Economic and Financial Crimes Commission (EFCC), his estranged wife, Blessing Egueke and her brother.

Aside from dismissing the suit, Justice Ogundare said that the plaintiff’s suit was frivolous, unmeritorious and an abuse of the court’s processes. He, therefore, ordered Egueke to pay a total sum of N750,000 to the EFCC, his estranged wife and the brother-in-law, as damages.

Justice Ogundare made the order while delivering judgment in a suit marked FHC/L/CS/383/2022, filed by the former bank manager against the EFCC and other respondents.

The plaintiff was then working at the Asaba, Delta State branch of Zenith Bank, but resigned after he was queried over alleged fraudulent withdrawal from accounts to which he was not a signatory.

He, however, dragged the EFCC and other defendants before the court, seeking “a declaration that the invitation of the applicant by the 1st respondent at the instance of the 2nd and 3rd respondents to report for an interview on March 7, 2022 in respect of a matter already pending before Justice Ringim of the Federal High Court, Lagos with charge number FHC/L/298c/2020: IGP V. Fidelis Egueke, was unlawful, illegal and unconstitutional.”

The plaintiff also prayed the court to declare his invitation as unlawful and an attempt to violently and flagrantly infringe his rights to personal liberty, the dignity of the human person, right to freedom, right to fair hearing and violation of the provisions of the 1999 Constitution (as altered).

Among other prayers, he asked for N10 million against the defendants. In response to the suit, the EFCC filed a 17-paragraph counter affidavit, while his estranged wife, Blessing Eugeke and her brother, equally filed their counter-affidavits with several documentary exhibits.

EFCC and other respondents refuted the allegations contained in the banker’s averments and urged the court to dismiss the suit with substantial cost, for being incompetent, frivolous and abuse of court process.

While delivering judgment in the suit, Justice Ogundare, after perusing all the processes filed, resolved all the issues in favour of the EFCC and other respondents.

“This suit as presently constituted is devoid of merit, it is speculative and an abuse of court’s process and same is hereby dismissed with N250,000 cost in favour of each respondent,” the court held.