Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2018) JELR 39071 (CA)    

Court of Appeal  ·  CA/A/467/M/2016 ·  14 Jun 2018 ·  Nigeria
MOJEED ADEKUNLE OWOADE Justice of The Court of Appeal of Nigeria HAMMA AKAWU BARKA Justice of The Court of Appeal of Nigeria BOLOUKUROMO MOSES UGO Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
constitution of the federal republic of nigeria
personal liberty
trial court
lower court
agency of the federal government
dignity of his person
magistrate court
remand warrant
court of competent jurisdiction
federal capital territory
continued detention of the applicant
efcc act
administration of criminal justice act
financial crimes commission
operatives of the respondent
order of this honourable court
blatant violation of his fundamental rights
contention of the learned counsel
custody of the appellants
decision of the lower court
exemplary damages
honourable court
instant appeal
learned silk
personal effects
such powers
chief magistrate court
close examination of the issues
detention of the applicant
enforcement of his fundamental rights
federal capital territory administration
fundamental right matters
fundamental rights enforcement procedure rules
high court of a state
high court of the f.c.t.
judgment of the lower court
jurisdiction of the state high court
lagos office of the efcc
leading judgment
lpelr-41346 ca
park view estate lagos
peculiar circumstances of this case
possible trial
provisions of the constitution of the federal republic
remand of the respondent
respondent administrative bail
said decision
senior counsels

HAMMA AKAWU BARKA, JCA (Delivering the Leading Judgment): The facts generating the instant appeal as can be gleaned from the records do not appear to be in contest. The appellant, the Economic and Financial Crimes Commission is an agency of the Federal Government established by the EFCC Act of 2004; vested with investigatory and prosecutorial powers with respect to all crimes connected with or related to economic and financial crimes; and presumably acting under such powers, appellant arrested the respondent at the Park View Estate Lagos, on the 27th of June, 2016 on the suspicion of having committed an offence. On being arrested, respondent was taken to the Lagos office of the EFCC (appellants) where he volunteered two statements.

Even though appellants granted the respondent administrative bail, it is evident that the respondent initially failed to meet up with the stringent conditions attached thereto. Further to that, appellants approached the Lagos state Magistrate Court 5, locate…

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