An FCT High Court, Apo, on Wednesday
dismissed Femi Fani-Kayode’s Fundamental Human Right suit against the
Economic and Financial Crimes Commission (EFCC) for lack of merit.
In his judgment, the judge, Justice Olukayode Adeniyi, held that the action of the EFFC on was constitutional.
Adeniyi said that arrest made for the purpose of investigation of crime could not violate fundamental human rights.
“The reason for arrest and detention is for reasonable suspicion of committing an offence and the test can be determined by the totality of the case in a court,” he said,
He said the arrest of Kayode from May 9 to May 19 did not contravene
human rights of the applicants by law as the EFCC had obtained an order
to remand Kayode in Abuja on May 10.
The judge said that another remand warrant was also obtained from a Magistrates’ Court in Lagos, which transferred the matter to lagos.
According to him, the court is incompetent because the case has been transferred to the Lagos which is not within its jurisdiction.
Adeniyi, however, said that the applicant did not establish how his right to life and freedom of movement was violated.
On issue of bail, he held that only the court was empowered to grant bail as envisage in Section 35 of the constitution.
According to him, the grant of administrative bail is only allowed for the duration in the constitution until he is brought before a court of law for bail.
He added that the apex court frowns at detention before charging an accused to court.
“It is dangerous to the rule of law. So, best practices should be embraced from the civilised societies.’’
Fani-Kayode had challenged his detention by the EFCC as unlawful by and a violation of hid fundamental human rights.
In his judgment, the judge, Justice Olukayode Adeniyi, held that the action of the EFFC on was constitutional.
Adeniyi said that arrest made for the purpose of investigation of crime could not violate fundamental human rights.
“The reason for arrest and detention is for reasonable suspicion of committing an offence and the test can be determined by the totality of the case in a court,” he said,
The judge said that another remand warrant was also obtained from a Magistrates’ Court in Lagos, which transferred the matter to lagos.
According to him, the court is incompetent because the case has been transferred to the Lagos which is not within its jurisdiction.
Adeniyi, however, said that the applicant did not establish how his right to life and freedom of movement was violated.
On issue of bail, he held that only the court was empowered to grant bail as envisage in Section 35 of the constitution.
According to him, the grant of administrative bail is only allowed for the duration in the constitution until he is brought before a court of law for bail.
He added that the apex court frowns at detention before charging an accused to court.
“It is dangerous to the rule of law. So, best practices should be embraced from the civilised societies.’’
Fani-Kayode had challenged his detention by the EFCC as unlawful by and a violation of hid fundamental human rights.
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