2nd September, 2011
An Abuja High Court on Friday dismissed the application of a Polish woman for the payment of N200 million compensation for her alleged unlawful arrest and detention by the EFCC.
The court declared that her fundamental human rights were not in any way violated as alleged.
The News Agency of Nigeria (NAN) reports that the woman, Mrs. Dora Gimalska, had gone to court demanding the compensation for illegal arrest and detention by the EFCC.
In his judgment, Justice Ugochukwu Ogakwu held that the “applicant is not entitled to compensation since her fundamental human rights and freedom of movement were not breached.”
He said the woman was not entitled to the prayers she was seeking under Section 4 of the Nigerian Constitution, noting that the freedom of movement alluded to under the section was reserved for Nigerians.
Ogakwu, however, declared as unconstitutional, the denial of access to medical treatment by the woman, but declined to order the release of her international passport as requested in her prayers.
In her application, Gimalska, the Chief Executive Officer of Icon Media and Marketing Agency Ltd., had claimed that the EFCC arrested and detained her for three days.
She averred that the anti-graft agency carried out the action based on a petition written to it by one Tayo Olugbemi.
Gimalska said Olugbemi had written the petition, complaining that she had issued him a N16,948,000 dud cheque for payment for services rendered to the agency.
She alleged that after she was arrested and detained, she was denied access to medication, while her international passport was seized.
Her counsel, Mr. Ugochukwu Osuagwu, had in the application sought for order of the court to compel the EFCC to release the passport as well as pay damages for her client’s unlawful detention.
The EFCC counsel, Mr. Samuel Ugwuegbulam, had argued that Gimalska was granted bail, but that her failure to fulfil the conditions of bail was responsible for her remaining in custody.