An Abuja High Court has dismissed a suit filed by Dr. Ezekiel Izuogu, managing director, Izuogu Motors Limited against the Economic and Financial Crimes Commission (EFCC) demanding N200 million damages.
In the case presided over by Justice A. I Kutigi, on Thursday, Izuogu sought to stop EFCC from arresting and probing him over a petition filed by Dr.Catherine Okpareke who alleged that Izuogu swindled her out of N20 million.
In court, Izuogu urged Kutigi to declare his 15th April 2013 arrest and interrogation illegal, unlawful and a breach of fundamental human right, and thus compel EFCC to pay him special damages fees of N200 million and another N2 million as legal fees.
But, EFCC’s counsel, Benjamin Manji, prayed the court to dismiss Izuogu’s application noting that his invitation, interrogation and subsequent release was as a result of a petition sent to the EFCC by Okpareke on allegation of fraud against the plaintiff.
“Everything that was done was within the mandate of the Commission”, Manji said.
Kutigi, while dismissing Izuogu’s applications, agreed with Manji, saying that the invitation extended to Izuogu and his subsequent release by the EFCC does not amount to an infringement of his fundamental human right at all.
“… Because going by the provision of Sections 6 of the EFCC Act, the EFCC has the powers to investigate economic crimes”, Kutigi said.
The judge also overruled Izuogu’s contention that the matter is contractual or civil and as such, is not a matter within EFCC’s oversight.
When Izuogu claimed that he was detained for more than 24 hours ― longer than legally allowed without court orders to the effect ― and therefore his fundamental human right to liberty has been infringed upon, the judge countered that it doesn’t count as an infringement because the applicant(Izuogu) was granted bail but could not fulfill the conditions.
On 2nd April 2013, Okpareke had filed a petition before the EFCC titled: Complaint Against Dr. Ezekiel Izuogu of Obtaining the sum of N20 million by False Pretence (419). It was on the strength of the petition that Izuogu was invited and interrogated by the EFCC.
