Judge cautions EFCC over Ajumogobia’s case

Delivering judgement in a N50 million fundamental rights suit filed by Ajumogobia against the EFCC, Justice, Muslim Hassan of the Federal High Court in Lagos has cautioned the Economic and Financial Crimes Commission (EFCC) to be mindful of its approach to the probe of Justice Rita Ofili-Ajumogobia,  reports the News Agency of Nigeria (NAN).

The judge who made this caution on Tuesday, urged the EFCC to be professional in the discharge of its duties.

Justice Ofili-Ajumogobia, who filed a fundamental rights enforcement suit against the EFCC, asked the court for an order of the declaring her continued detention by the EFCC as illegal.

While noting that the EFCC was vested with powers to arrest and detain any citizen suspected to have committed an offence, Justice Hassan said that such powers must be exercised with caution.

The judge questioned the rationale behind the revocation of the administrative bail granted to Ajumogobia by the EFCC on October 22, when she did not pose a flight risk.

He said: “The respondent should have exercised restraints in revoking the bail earlier granted the applicant; there was no evidence that the applicant is a flight risk.

“The respondent is hereby counselled to be professional and to always exercise caution and restraints in the exercise of its powers.”

Hassan, however, disagreed with Ofili-Ajumogobia that the remand order obtained by the EFCC from a magistrates’ court on November 10 was unlawful, illegal and a violation of her fundamental human rights.

According to him, the remand order was issued by the Magistrates’ Court pursuant to Section 264(1) of the Administration of Criminal Justice Law of Lagos State, 2011.

The judge further refused to make any order as to the applicant’s request for bail from the EFCC’s custody, following her arraignment on November 28 before Justice Hakeem Oshodi of an Ikeja High Court.

“The issue of the applicant’s bail from EFCC’s custody has already been overtaken by the event of her arraignment at the Lagos High Court and her subsequent release on bail by the court.
“The applicant’s lawyer is also at liberty to challenge the continued detention of the applicant by the respondent after the expiration of the magistrate court’s remand order.

“However, in the light of the recent event in this matter, this suit is hereby struck out,’’ the judge held.

The EFCC had on November 28 arraigned Justice Ofili-Ajumogobia and a Senior Advocate of Nigeria, Godwin Obla, on a 30-count corruption charges before an Ikeja High Court.

Both pleaded not guilty to the charges and have since been granted bail on self recognition by the court.