A
former Minister of State for Defence, Musiliu Obanikoro, has lost out
in his case against the Economic and Financial Crimes Commission.
Obanikoro
The N100m fundamental rights enforcement suit filed by a former
Minister of State for Defence, Musiliu Obanikoro, against the Economic
and Financial Crimes Commission, have on Monday, struck out by the
Federal High Court sitting in Lagos on Monday.
It was gathered that Obanikoro, his wives, Fati and Moroophat, and
his sons, Gbolahon and Babajide, had sued the anti-graft agency for what
they termed an unlawful invasion of their houses and seizure of some of
their properties.
They had, through their lawyer, Lawal Pedro (SAN), urged the court
to declare as null and void the items seized from their houses on June
14, 2016 by the EFCC. They also prayed the court to award N100m damages
against the EFCC in their favour for the violation of their rights to
privacy.
Justice Abdulaziz Anka in a ruling on Monday, struck out
Obanikoro’s suit for being incompetent, and upheld the preliminary
objection by the EFCC lawyer, E.E. Iheanacho, who contended that
“since the main claim of the applicants was founded on tort, their
principal reliefs are not maintainable under the Fundamental Rights
(Enforcement Procedure) Rules, 2009.”
The judge noted that the applicants’ houses were searched by the
EFCC based on search warrants secured by the anti-graft agency from the
Lagos State Magistrates’ Court.
Justice Anka said he could not declare the recovered items as null
and void, so as not to foreclose the possibility of the EFCC tendering
them as exhibits in imminent criminal case against the Obanikoros.
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