EFCC
V.
AGBELE

(2018) JELR 39071 (CA)

Court of Appeal · CA/A/467/M/2016 · 14 Jun 2018 · Nigeria

CORAM

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

respondent

appellant

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…

EFCC V. AGBELE

EFCC
V.
AGBELE