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Monday, May 6, 2024

Court awards ₦1 million damages against EFCC for violating businessman’s rights

The applicant prayed the court to compel the EFCC to pay him N10 million as damages for the breach of his rights for impounding his car in 2022.

• May 6, 2024
EFCC
Economic and Financial Crimes Commission (EFCC)

A Federal Capital Territory (FCT) High Court has ordered the Economic and Financial Crimes Commission (EFCC) to pay N1 million in damages to a businessman, Emmanuel Yashim, for violating his property rights.

Justice Peter Kekemeke granted the order in a suit filed by Mr Yashim seeking enforcement of his fundamental rights.

In a suit marked CV/590/2022, the applicant prayed the court to compel the EFCC to pay him N10 million as damages for the breach of his rights for impounding his car in 2022.

The applicant, through his counsel, Nwachukwu Ibegbu, further prayed the court to order the EFCC to release his Mercedes Benz GLC 300, which had been in its custody since November 22, 2022.

The applicant prayed the court to declare that the continuous holding of the car without stating the offence amounted to a breach of his rights.

He therefore prayed the court to declare such an act by the anti-graft agency unconstitutional and illegal.

Mr Kekemeke held that the EFCC’s continued detention of the applicant’s vehicle is unconstitutional and illegal and a breach of the applicant’s fundamental rights.

He, therefore, ordered the respondent to release the vehicle forthwith.

The judge added that the respondent’s agents, privies, and servants, whosoever called, are restrained from further re-arresting or impounding the applicant’s vehicle except in accordance with the court’s order.

“The respondent is ordered to pay a sum of N1 million as compensation for the breach of the applicant’s right to own property,” Mr Kekemeke ruled. 

(NAN) 

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