Stories by Vivian Okejeme
Abuja
A close aide of Governor Ayodele Fayose of Ekiti state, Mr. Abiodun Agbele, knows his fate tomorrow as an Abuja High Court gives verdict on whether or not to free him from the custody of the Economic and Financial Crimes Commission (EFCC) or not.
Agbele, a chieftain of the Peoples Democratic Party (PDP) in the state, currently in the EFCC’s custody, was arrested by the anti-graft agency on June 27 over an alleged N1.3billion fund traced to his account from the office of the National Security Adviser (NSA).
Justice Olukayode Adeniyi of an Abuja High Court fixed tomorrow for ruling shortly after his counsel, Chief Mike Ozekhome (SAN), and Olalekan Ojo, argued for the enforcement of his right to freedom of liberty.
Ozekhome, in his argument, prayed the court to set him free on the ground that the anti-graft agency had held him in custody beyond the 48 hours allowed by law.
The SAN faulted the detention of his client without trial since last month, adding that the detention was barbaric, unlawful, illegal and should be voided by the court because it violates the 1999 constitution.
The legal luminary also prayed the court to award his client a sum of N500m as compensatory damages for his unlawful arrest and detention.
Ozekhome asked Justice Adeniyi to order the immediate release of his client from EFCC custody in the interest of justice and rule of law, and to prove that the EFCC was not above the law when it comes to fundamental rights of individuals
He said the suit seeks enforcement of his client’s fundamental rights to freedom of liberty, human dignity and the right to acquire and own properties in line with provisions of the 1999 constitution.
The counsel claimed that unless and except the high court comes to the rescue of his client’s rights to freedom of liberty, he would continue to be trampled upon by the anti-graft agency.
But the EFCC, through its counsel, Mr. Andrew Akoja, urged the court to dismiss the suit on the ground that the fundamental rights of the applicant was not breached or violated but was only arrested based on a strong suspicion that he had committed crime.
Akoja told the judge that the hand of the applicant was well soiled because a whooping sum of over N1billion was found in his account and which he could not account for how he came about the money.
Specifically, the lawyer said that bank transaction had indicated that the money was transferred into the account from the office of the National Security Adviser (NSA) for no just cause.
He further told the judge that a remand order had been obtained by EFCC to make the arrest and detention legal and in due process of the law.
The EFCC counsel therefore urged the court to dismiss the court action for lacking merit, baseless and unwarranted.
