An Abuja High Court sitting at Jabi has ordered the
Economic and Financial Crimes Commission, EFCC, and the Nigerian Army, to
forthwith, release Col. Nicholas Ashinze, a former aide to the erstwhile
National Security Adviser, NSA, Col. Sambo Dasuki (retd.), who has been in
detention since December 23, 2015.
In a judgment on Monday, Justice Yusuf Haliru,
directed the respondents to immediately release the applicant on
self-recognition, saying his detention for over three months without trial, was
“illegal, wrongful, unlawful and constituted a blatant violation of the
fundamental rights of the applicant”. The court also ordered immediate release
of documents and items the anti-graft agency seized from the house of the
applicant.
Justice Haliru blasted both the EFCC and the Army
which he said acted as if Nigeria was still under military dictatorship. “The
EFCC is a creation of the law. The court will not allow it to act as if it is
above the law. It is remarkable to note that the motto of the EFCC is that
nobody is above the law, yet they are acting as if they are above the law. “The
EFCC Act is not superior to the constitution of the Federal Republic of
Nigeria.
The
respondents in this matter have not behaved as if we are in a civilised
society. They have behaved as if we are in a military dictatorship where they
arrest and release persons at will. “The respondents, I must be bold to say-
the EFCC and the Army- have behaved like illiterates”, the Judge added. He
said the constitution stipulated that any person so detained should be charged
to court within reasonable time not exceeding two months from the date of
arrest.
Justice
Haliru stressed that under section 36 of the 1999 constitution, as amended, an
accused person is deemed innocent until his guilt is established.
“Why has the 1st respondent kept the applicant
without bringing him to court? Why was the applicant, being a serving military
officer who could be easily reached, not granted administrative bail? Or is it
that the applicant has been found guilty and already serving his jail term?
“Nobody should be subjected to the whims and caprices of the EFCC.
The essence of the rule of law and constitutional
provisions is to ensure a just balance between the ruler and the ruled, between
the powerful and the weak. “Though the EFCC has the responsibility to
investigate financial crime, it must however conduct its operations in
accordance with the rule of law.
“The court is
empowered to guard against improper use of power by any member of the society
or agency, EFCC inclusive. “The detention of the applicant, for all intent and
purposes, is not just unfair but unfortunate”, the court held.
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