Reports

EFCC Powers To Remand Suspects Challenged By Jonathan’s Cousin

Published

8 years ago

May 30, 2017

Economic and Financial Crimes Commission (EFCC) has no power to remand suspects under sections 293 and 294 of the Administration of Criminal Justice Act (ACJA) 2015, according to former President Goodluck Jonathan’s cousin, Azibaola Robert.

Azibaola Robert, a lawyer and environmental activist, filed a suit challenging EFCC following his arrest and detention by the commission last April.

Although he has been arraigned and granted bail by a Federal High Court in Abuja.

He was accused of receiving $40 million in September 2014 from the former National Security Adviser, Col Sambo Dasuki (retd), for supplying “tactical communication kits.”

He was also accused by EFCC of receiving another N650 million from Dasuki on December 8, 2014.

Azibaola Robert, thereafter sued the EFCC, Attorney-General of the Federation and the Federal Government over his detention.

Ebun-Olu Adegboruwa, a lawyer who is representing him filed the suit in Lagos, on Tuesday.

Although the case could not go on as planned as the presiding judge, Justice Mojosola Olatoregun, asked Adegboruwa to return on another date for the originating summon.

Azibaola Robert is praying the court to hold that sections 293 and 294 of the ACJA 2015, which the EFCC relied on to secure remand orders from magistrate courts, were inapplicable in his case.

He argued that the said section were for capital offences such as armed robbery, murder, treasonable offences and not financial crimes.

He said the sections were for capital offences such as murder, armed robbery, kidnapping or treasonable felony for which a legal advice from the Attorney-General is required before a charge is filed.

Robert said the sections do not apply to financial crimes.

He is also praying the court to hold that EFCC’s alleged attempt to force him to implicate Jonathan was contrary to section 7 of the ACJA, which he said has outlawed the practice of arresting a citizen in lieu of another.