N10m Suit Slammed On EFCC

A landmark suit to challenge the excessive use of power and abuse of power by the Economic and Financial Crimes Commission (EFCC), has been filed before a Federal High Court in Lagos by a businessman, Alhaji Kafilu Abdul Kadir Baba.

The applicant is also claiming N10 million as general and exemplary damages suffered for his unlawful arrest and detention by the anti-graft agency on the instigation of Lotus Capital Company Limited, who is also a second respondent in the suit.

In an affidavit in support of an application for enforcement of his fundamental right sworn to by a legal practitioner, Nkechi Ehiemere and filed before the court by Barrister Chris Ekemezie, it was alleged that pursuant to a lease agreement entered into between AMS Logistics Limited and Lotus Capital on 31 October, 2008, the company leased certain trucks to AMS Logistics Limited.

In compliance with the terms of the said lease, Alhaji Kafilu Abdul Kadir Baba, along with other directors of AMS Logistics guaranteed the lease.

AMS Logistics, upon discovering that the said trucks leased to it by Lotus Capital were not road worthy, called upon the company to collect them back or put them in useable condition, but all the pleas fell on deaf ears.

In May 2010, Lotus Capital commenced a suit in a Lagos High Court against AMS Logistics and some of its directors, claiming certain amount of money allegedly due to it as a result of the lease transaction as well as possession of the said trucks.

While this suit was pending, on 9 March, 2011, Lotus Capital invited the applicant to a meeting in its office and upon arrival, officials of the EFCC were called and he was arrested and detained from that date till 11 March, 2011.

Thereafter, the applicant was coerced into making an undertaking to pay N20 million which Lotus Capital claimed to be due to it from AMS Logistics.

The applicant was mandated to pay first instalment of N20 million to EFCC on or before 18 March, 2011 and to be collected by Lotus Capital.

Following this forceful undertaking, the applicant was released on bail on condition that his lawyer deposited his certificate of call to the bar with a warning and threat by the EFCC officials that if the applicant failed to pay the said N20 million, he would be re-arrested.

On 21 March, the applicant reported to EFCC’s office as directed and was again detained because of his failure to pay the N20 million.

Consequently, the EFCC officials, without any search warrant, invaded the applicant’s house, ransacked it and carted away personal effects and his cheque books.

In view of this, while urging the court to declare his arrest and detention by EFCC unconstitutional, illegal and wrongful, Alhaji Baba also wants it to declare that the anti-corruption agency is not a debt collector and has not power by the act establishing it or indeed, any law, to collect debts on behalf of individuals, companies or groups.

The applicant also wants the court to restrain the respondent and its agents from harassing, intimidating, arresting or detaining him.

Justice Okechukwu Okeke has adjourned till 28 June for further hearing.