By Lukman Olabiyi
Justice AbdulAziz Anka of the Federal High Court, Lagos has dismissed the N100 million suit filed by Senator Musiliu Obanikoro and his family against the Economic and Financial Crimes Commission (EFCC) over alleged property seizure for lack of merit.
Obanikoro alongside his wife, Alhaja Moroophat, his two sons, Gbolahan, Babajide and Fati, Babajide’s wife, had sued the anti-graft agency for breach of their fundamental rights.
The plaintiffs had urged the court to declare that the alleged forceful seizure of their personal effects by the commmission constituted a gross violation of their rights.
They also prayed the court for an order setting aside the forceful detention of their properties during a raid on June 14 on their residence.
Besides, the planiffs also prayed the court to grant an order directing EFCC to tender “unreserved public apology”, as well as pay N100 million as general damages .
They also sought for an order restraining EFCC from arresting, detaining or harassing them or entering their premises again to seize their properties.
However, the EFCC in response, filed a preliminary objection against the suit.
The commission in its counter affidavit stated that Obanikoro received suspicious payments from the Office of the National Security Adviser (ONSA) through companies linked to the family.
For instance, the commission said $1,018,000 was transferred from the ONSA to Mob Integrated Services on March 18, 2015.
EFCC prayed the court to dismiss the suit on the ground that its action against the plaintiffs was within the law that established the agency.
But, the family in their response had imformed the court that the said documents and properties that EFCC seized “have nothing to do with the ONSA.”
The Obanikoros had claimed that the EFCC violated Regulation 13 of the EFCC (Enforcement Regulation) 2010, which provides that it shall apply and obtain a court order to enter and search any premises.
The judge also ruled that the seizure of said property was to enable the Commission prosecute a criminal case against the claimants. He added that if the claimants decide to make a case of breach of rights they can do so during the criminal trial.