Detention: Why Court dismissed Fani-Kayode's rights enforcement suit

By The Citizen
Click for Full Image Size

An Abuja High Court at Apo, yesterday, dismissed a fundamental rights enforcement application that the embattled former Minister of Aviation, Mr. Femi Fani-Kayode, lodged against his detention by the Economic and Financial Crimes Commission, EFCC.

Fani-Kayode, who is currently answering to a 17-count corruption charge before the Lagos Division of the Federal High Court, had approached the Abuja court, praying it to order his release from custody of the anti-graft agency.

While dismissing the suit, Justice Olukayode Adeniyi held that the arrest and subsequent detention of the applicant by EFCC on May 9, was not illegal since the action was backed by a valid court order.

However, the judge faulted EFCC for often adopting the approach of arresting and detaining a suspect for the purposes of investigation, saying the agency, as an establishment of the law, should always stick to the tenets of the Rule of Law.

He said: 'It is expected that EFCC should be more professional in carrying out their duties. A situation whereby they arrest and detain suspects before rushing to obtain court orders is wrong.

'As much as they want to fight corruption, it should be done in accordance with the Rule of Law.'

Fani-Kayode, who served as spokesman for Peoples Democratic Party's Presidential Campaign Organisation in 2015, is facing charges bordering on conspiracy, stealing, corruption and making cash payments exceeding the amount authorised by law.

He was arraigned alongside a former Minister of Finance, Nenadi Usman, who was the Director of Finance of the campaign organisation, Danjuma Yusuf and a firm, Jointrust Dimensions Nigeria Limited.