Ex-govs Can’t Use Rights Enforcement To Stop Detention – Court

Former governors being tried for gross misconduct while in office cannot hide under human rights enforcement to challenge their lawful detention, an Abuja High Court has ruled.

The court also declared that it lacked power to stop Nigeria’s anti-graft agencies from performing their statutory functions.

This clear message to the former governors was sent by Justice Folashade Ojo, when she ruled on an application by former Ogun State governor, Gbenga Daniel, seeking N200m damages for his detention by the Economic and Financial Crimes Commission (EFCC).?? She held that the power of the EFCC to arrest and prosecute a person reasonably suspected of committing financial crimes is sacrosanct.

Justice Ojo added that Daniel’s request for a perpetual injunction could not be justified on the grounds that the court lacked the power to restrain the commission from performing its lawful duties, saying that the application was unmeritorious and should be dismissed.?

A certified copy of the ruling was made available to LEADERSHIP WEEKEND yesterday.

Daniel had sued the EFCC and filed an application for the enforcement of his fundamental human rights, challenging his detention by the EFCC between October 6 and October 12, 2011 in Abuja.

But Justice Ojo dismissed all the prayers of Daniel, saying that his requests were unprecedented and untenable.

She said: “Can the respondent (EFCC) be restrained from the lawful performance of its statutory and constitutional duties? I would say no. To do that would be tantamount to shielding a person reasonably suspected of having committed a crime from being brought to book. No court of law should do that.

“In the instant case, it has not been shown that the respondent has wrongfully exercised its statutory powers or that there is likelihood of same. The order of perpetual injunction sought is not sustainable and I so hold.