Court Slams EFCC Over Arrest Of Ex-Bank MD’s Wife

A Federal High Court sitting in Lagos this morning berated the Economic and Financial Crimes Commission, EFCC, for misuse of power and abuse of court process over three cases involving former Managing Director of Bank PHB, Mr. Francis Atuche and his wife, Elizabeth, pending before the court.

In the first case, in an application filed before the court by Elizabeth Atuche urging the court to order the EFCC to hands off her account that has been frozen, she contended that it was wrong for the agency to freeze her account as she was not investigated and the said account was not part of the charges filed against her husband.

This, Mr. Abubakar, said was a disrespect to the court which should not be treated with kid gloves.

In her ruling, the presiding judge, Justice Binta Murtala-Nyako, ordered that EFCC should hands off her account immediately.

In the second case instituted by Mrs. Atuche against the EFCC alleging her detention since 3 May without a formal charge or bail as against her fundamental human rights last Monday, Justice Nyako ordered that she should be released and produced in court today.

However, when the matter was mentioned for hearing this morning, her lawyer, Abubakar Samsondeen, in an emotion-laden voice, told the court how EFCC operatives, having gone through the order of the court when they were served, refused to accept the service and refused to obey the order of the court.

Consequently, Mrs. Atuche was not produced in court this morning in accordance with the order of the court.

In her ruling, Justice Nyako did not only frown at the activities of the EFCC, but said nobody including the EFCC is above the law.

She admitted Mrs. Atuche to bail and ordered that her passport be deposited with the court and adjourned the matter till 26 May.

In the case of Francis Atuche, in a suit filed that EFCC was planning to rearrest him, Justice Nyako said the action of the EFCC is not only amounted to misuse of power, but abuse of court process.

She confirmed that Atuche was currently on bail and if there is any need for the court to revoke or vary his bail, EFCC is supposed to come to court and canvass reasons why such should be done.

She therefore ordered that the status quo be maintained while all court process be served on the Attorney-General of the Federation through his liaison office in Lagos State.

—Akin Kuponiyi