He risks jail over allegations of disobedience of the orders of a High Court of the Federal Capital Territory (FCT).
The court had ordered the Commission to pay an Austrian businessman Wolgang Reinl the sum of N10 million for his unlawful detention.
Mr. Reinl was detained by the EFCC for over two months.
The court presided over by Justice Peter Affen had on April 20th, 2016, listening to the Counsel to Reinl, Mazi Afam Osigwe in an application for the fundamental rights enforcement.
He held that the detention of the applicant at the EFCC (respondent) office at Wuse 2 Abuja from December 28th, 2015 to 5th February 2016 is unlawful.
He also held that it is unconstitutional and constitutes a gross violation of the applicant’s fundamental right to dignity of the human person and personal liberty.
This is contrary to Section 34(1) and 35(1) and (6) of the Constitution of the Federal Government of Nigeria 1999 as amended.
The court also declared that the seizure of the applicant’s passport by the EFCC constitutes a gross violation of the applicant’s right to freedom of movement.
This, according to him, is contrary to Article 12(2) of the African Charter on Human and Peoples” Rights.
Justice Affen further ruled:
– “The respondent (EFCC) shall release forthwith the applicant’s International Passport seized or confiscated in the wake of his arrest and detention and delist him from their watch list or no fly list.
– “The respondent shall pay forthwith to the applicant the sum of Ten Million Naira (10,000,000) as compensatory damages for the violation of his fundamental rights to dignity of human person and personal liberty.”
However, almost two weeks after the court’s decision, the Commission has bluntly and flagrantly disregarded the court’s order.
It refused to either release the applicant’s International passport or pay the N10 million compensation as ordered by the court.
This has prompted his Counsel, Osigwe to file form 48 which is the consequences of the disobedience to court’s order.
Specifically, the applicant Wolgang Reil was arrested from December 28th, 2015 to February 5th, 2016.
He was arrested on the allegations of receiving money from the office of the embattled former National Security Adviser (NSA) Col. Sambo Dasuki without executing any contract.
However, upon investigation it was discovered that his company Geonel Intergrated Services and A and R Security Solutions Limited actually executed the jobs for which they engaged.
The EFCC had before the court filed a counter affidavit denying that they never arrested him.
But the court in its judgment later found out that he was actually arrested and detained by the EFCC,
It, therefore, went to ahead to award the N10million damages and the immediate release of his International Passport.
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