Fani-Kayode loses case against detention by EFCC

Former Minister of Aviation, Femi Fani-Kayode

Former Minister of Aviation, Femi Fani-Kayode

An FCT High Court, Apo, yesterday dismissed Femi Fani-Kayode’s fundamental human right suit against the Economic and Financial Crimes Commission (EFCC) for lack of merit.

In his judgment, Justice Olukayode Adeniyi held that the action of the EFFC was constitutional.
He said that arrest made for the purpose of investigation of a crime could not violate fundamental human rights. “The reason for arrest and detention is for reasonable suspicion of committing an offence and the test can be determined by the totality of the case in a court,” the judge said.

According to him, the arrest of Fani-Kayode from May 9 to May 19 did not contravene human rights of the applicants by law as the EFCC had obtained an order to remand him in Abuja on May 10.
The judge said that another remand warrant was also obtained from a Magistrate Court in Lagos, which transferred the matter to Lagos.

The judge also held that the court was incompetent because the case had been transferred to Lagos which is not within its jurisdiction.
Justice Adeniyi said that the applicant did not establish how his right to life and freedom of movement were violated.

On the issue of bail, he held that only the court is empowered to grant it as envisaged in Section 35 of the constitution.
He noted that the grant of administrative bail is only allowed for the duration in the constitution until the accused is brought before a court of law for bail.
He added that the apex court frowns at detention before charging an accused to court.
“It is dangerous to the rule of law. So, best practices should be embraced from the civilised societies.’’

Fani-Kayode had challenged his detention by the EFCC as unlawful and a violation of hid fundamental human rights.



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