March 29, 2024
Rule of Law and the EFCC

Unlawful Detention and Obnoxious Bail Conditions: Benin-based Businessman sues EFCC

Rule of law is the most important element in any civil society- Mo Ibrahim

A Benin-based business Man, Mr Shiko Romeo has instituted legal action against the Economic and Financial Crimes Commission, EFCC, for his unlawful detention since 21st of January, 2019 till date and his prior arrest and unlawful detention for 16 Days in July ,2017.

The plaintiff alleges that these brazen abuse of power against him are without justfiable cause and without a complaint from any nominal complainant.

In suit No . FHC /B/CS/12/19: Shiko Romeo v. the Economic and Financial Crimes Commission and 2 ors.,the Applicant in a Fundamental Human Rights Suit filed on Friday 1st of February,2019, by his Counsel -Ogbusua Rose Oleh of Douglas Ogbankwa & Co.a Benin-based Law Firm , at the Federal High Court Benin Judicial Division.

The Applicant, who has currently been held at EFCC Benin Zonal Office, stated in depositions through his wife, Mrs. Rita Shiko and the argument of his Counsel, that he was arrested and unlawfully detained in July ,2017 for 16 days without a complainant in the Matter and he has been reporting and signing at the EFCC Benin Zonal monthly since then .


The Applicant stated that his said detention is outside the constitutional acceptable threshold of 24 hours as provided for by Section 35 (1) and 5 (a) of the Constitution of the Federal Republic of Nigeria ,1999 (As Amended ) and Section 31 of the Administration of Criminal Justice Act, 2015.

The Applicant stated further that the EFCC has been using their obnoxious bail conditions for suspects in their custody to provide Sureties of Grade Level 12 Civil Servants and above and/ or House Owners with Certificates of Occupancy, to unlawfully detain Suspects (including the Applicant ) in their Benin Zonal Office, for days and sometimes weeks,


The Applicant asks the Court for 7 Reliefs including but not limited to; an Order of perpetual injunction, restraining the Respondents -EFCC and their Officials ,from re-arresting and detaining him for unjustifiable reasons, an Order releasing him from EFCC Custody, Damages and compensation of 100Million Naira and an Order declaring null and void the above stated Obnoxious Bail Conditions of the EFCC and the setting aside of same and also an apology in two newspapers circulating all around Nigeria for the the unlawful detention and degradation of the human person of the applicant .

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