Court Restrains EFCC From Arresting SAN Over His Professional Services

Last week, the Federal High Court in Abuja issued an order against the EFCC for the “maintenance of status quo ante bellum as at 7th February, 2022, in favor of the Applicant” (Prof Joseph Nwabueze Mbadugha, SAN) over matters “which he knows nothing about, or facts to the like effect, pending the hearing and determination of the substantive originating motion.”

Prof Mbadugha, SAN, had petitioned the court, presided over by Hon Justice Inyang Ekwo, through his counsel, Chief Mike Ozekhome, SAN, to stop the EFCC from inviting, arresting, detaining, and holding the Applicant in custody over some frivolous allegations made against him in a case he handled and won for his client, Innoson Nigeria Ltd, from the High Court to the Court of Appeal and now the Supreme Court. Some Appellants, including Guaranty Trust Bank PLC (GTB), filed an appeal with the Supreme Court after losing in both lower courts.

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Chief Ozekhome, SAN, argued before Justice Ekwo that the EFCC lacks legal authority to compel Prof Mbadugha to reveal the source of information contained in an affidavit filed during the proceedings in 2011, as this is unconstitutional, illegal, wrongful, overreaching, and could jeopardize the Supreme Court appeal. He also argued that the EFCC was wrong for serially inviting Mbadugha, first on the 1st, then the 7th, and finally on the 21st of February, 2022, on the instigation of Guarantee Trust Bank PLC and others, for the purpose of forcing him to disclose the source of his information in an affidavit filed and argued in court in the course of his strictly professional duties. Ozekhome claimed that his client had been detained between 11 a.m. and 6 p.m. on February 1, 2022, and told to return on February 7, and subsequently, February 21, 2022.

Ozekhome argued that the actions are in clear violation of Prof Mbadugha’s fundamental human rights enshrined in section 35(1) of the 1999 Constitution and Articles 5 and 6 of the African Charter on Human and Peoples Rights (Ratification and Enforcement), as well as attempts at further arrest and detention, including unsolicited calls by the EFCC and its operatives, without any attempt at arraigning the Applicant before a court of law.

As a result, Justice Ekwo issued an order for the status quo ante bellum to be maintained beginning February 7, 2022.

On February 25, 2022, the EFCC was represented by Attah Ochibi, while GTB was represented by Martins Abang. Chief Ozekhome’s brief was held by Maliki Sylvanus and Queen Umana. The Respondents acknowledged that the procedures had been served on them, but they wanted five days to respond.

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While granting the Respondent’s request, Justice Ekwo cautioned that none of the parties in the case, including the Applicant, should take any further action, including inviting or re-arresting him. The court also ordered faster hearings and scheduled the case to March 29, 2022 for a hearing.