Court Orders EFCC to Unfreeze Nyako’s Account

By Alex Enumah in Abuja
 

Justice Babatunde Quadri of the Abuja division of the Federal High Court has ordered the Economic and Financial Crimes Commission (EFCC) to unfreeze the accounts of Senator Abdullaziz Nyako and a company linked to him. 

The order which should be carried out unconditionally is with immediate effect.

Nengiofori Jumbo, Senator Abdullaziz Nyako and Blue Opal Nigeria Ltd (Applicants) had in June 2015, commenced legal action against the EFCC over the freezing of their accounts and sealing of the Hillview Estate, Abuja, owned by the Senator. 

Abdullaziz a son to former Adamawa State governor, Admiral Murtala Nyako (rtd), and a current Senator representing Adamawa Southern Senatorial District in the National Assembly, had instituted the fundamental rights suit against the anti-graft agency.

Delivering judgement Thursday, the judge held that the action of the EFCC (respondent) amounted to gross violation of the fundamental rights of the applicants.

Consequently, the court declared that the sealing and forfeiture of the applicants’ property (Hillview Estate) Abuja by the EFCC was “unlawful and oppressive”, as the action of the Federal Government agency violated the applicants fundamental rights as guaranteed under sections 36, 43 and 44 of the 1999 Constitution as amended. 

“In conclusion, the application has merit, same is hereby granted but with following indications, that is, only reliefs 1, 2, and 3 are expressly granted in toto while as regards reliefs 4,5 and 6 are refused.

“But the commission is hereby ordered to unfreeze the account of the applicants, unconditionally and forthwith. 

“The commission having sealed up the premises of the applicants since July 2014 should unseal it forthwith or better still open up the Hillview Estate immediately” Justice Quadri ordered. 

Justice Quadri noted that the case was such “where the issue of impertinent abuse of court process and issue estoppel are successfully raised and in my humble view, the order of Honourable Justice Evoh Chukwu (of blessed memory) was given per incurriam due to suppression and misrepresentation by the commission”.

Continuing, Justice Quadri said, “Based on these two issues, which I have found raised successfully in favour of the applicants herein the interim order of Late Justice Chukwu is hereby set aside and based on abuse of court processes and same issue already dealt with to finality by Justice Gabriel Kolawole (now JCA).

Out of the six reliefs sought by the applicant, the court granted the following: “A declaration that the forceful sealing and forfeiture of the applicant’s property (Hillview Estate) at plot 3049 Mbape District Abuja without cause or any court order is illegal, wrongful, unlawful, oppressive, unconstitutional as it violates the applicant’s fundamental rights as guaranteed under sections 36, 43 and 44 of the constitution.” 

Justice Quadri in declaring that the forceful seizure of the original certificate of occupancy of the applicants’ property by the respondent since 23rd of July 2014 without cause or any court order is illegal, wrongful, unlawful, oppressive, unconstitutional ordered the EFCC to immediately release and return the original certificate of occupancy of the applicant’s property to the applicant forthwith.