A Bureau De Change operator, Suleiman Sani, has filed a fundamental rights enforcement suit against the Economic and Financial Crimes Commission for alleged arrest, torture, and illegal detention without trial.
The applicant, through his lawyer, Edwin Anikwem (SAN), who filed the suit on Friday, was seeking an order directing the EFCC to pay N200m in general damages and N1bn in exemplary damages for the flagrant violation of his fundamental rights.
In the suit, brought under Section 46 of the 1999 Constitution, the applicant also asked for a court order compelling the EFCC to issue an unreserved public apology for infringing on his fundamental rights.
In a 33 Paragraph affidavit sworn to by a litigation clerk, Olalekan Bayode, in the law firm of Edwin Anikwem (SAN), stated that the applicant had been in the detention of EFCC, at Okotie Eboh Street, Ikoyi, Lagos, since June 1, 2024, following his arrest by the respondent.
He averred that the applicant had been carrying on his business since 1993 as a bureau de change operator.
The deponent also stated that the applicant was invited by the EFCC via a telephone call on June 1, 2024, to report to their office at 15A, Awolowo Road, Ikoyi, Lagos.
As a responsible and law-abiding citizen, the applicant complied with the invitation.
According to the deponent, upon arriving at the EFCC office, the applicant was questioned about certain transactions related to his Bureau De Change business, which he duly explained.
He averred that the officials of the EFCC informed him that the answers he provided were unsatisfactory and prevented him from leaving their office thereby arresting and detaining him.
The deponent also stated that the applicant was not given any information about the nature of the offence he was arrested and detained.
He stated, “The applicant has not been charged with any criminal offence, neither has he been informed of what his offence is since his arrest and detention on June, 1,2024.
“Due to the poor sanitary condition of the cell, the applicant developed an extremely painful abscess on his fingertips while he was in detention.
“The applicant was not treated for the ailment despite complaining officially to be taken to the hospital, and as a result of the said untreated painful abscess on the fingertips, the applicant developed high blood pressure.
“That when the applicant complained to officers of the EFCC, about his health condition, he was ignored as there was no medical facility to cater for his deteriorating health.
“That as a result of the applicant’s arrest and detention without trial, the applicant’s business has been closed for more than 150 days which has led to substantial financial loss in the business.”
He added that the applicant was the sole breadwinner of his family, which comprised a housewife, eight children, and an ailing aged mother of 105 years old.
“That as a result of the applicant’s arrest and detention, the applicant’s children have been out of school due to inability to pay their school fees and other incidental expenses.
“As a result of the applicant’s arrest and continued detention, the applicant’s mother has resorted to praying for death as she does not want to be the one to bury her son”.
He stated that it would be in the interest of justice for the application to be urgently and expeditiously determined as the applicant had been languishing in detention.
Consequently, the applicant is praying for a declaration that his continued detention at the EFCC’s custody without charging him to court flagrantly violates his fundamental right to life.
“An order enforcing the applicant’s fundamental rights by ordering his release from unlawful detention currently imposed on him by the Respondents.
“An order compelling the respondents to tender an unreserved public apology to the applicant for the infringement on his fundamental rights.
“An order mandating the respondent to pay the Applicant general damages of N200m (Two Hundred Million Naira) only for harassment, torture, arrest, and unlawful detention without trial.
“An order mandating the respondents to pay to the Applicant the sum of N1bn, (One Billion Naira) only as exemplary damages for the flagrant violation of his fundamental rights, unlawful arrest and detention without trial.
-By Onozure Dania