1st March, 2016
Justice Yusuf Halilu of Federal Capital Territory, FCT High Court, Abuja on Tuesday directed the Economic and Financial Crimes Commission (EFCC) to immediately release former aide de camp to ex-President Goodluck Jonathan, Col. Ojogbane Adegbe who has been in the detention of the anti graft agency since 11 February.
While ruling on a fundamental rights enforcement application by Adegbe, through his lawyers led by Mr. Ogwu Onoja, SAN, Justice Halilu directed that Col. Adegbe should be granted administrative bail on “very liberal terms”, pending when a charge is filed against him.
Adegbe’s lawyer had also told the court that in anticipation of the ruling, the EFCC, quickly transferred his client from its custody to that of the Army.
The judge ruled that it was “unconstitutional and illegal” for the EFCC to keep the applicant in its custody without a valid charge pending against him before a court of competent jurisdiction.
He also condemned EFCC, for in his words, reducing itself “to the police station or detention centre of the Nigerian Army.”
The judge accused that anti-graft agency of contradicting itself when it claimed that the applicant was being investigated over his alleged involvement in arms procurement fraud, and yet claimed that he was detained on the instruction of the Army.
“While the respondent is dancing makossa in one side, it is singing another song on the other side,” Justice Yusuf stated.
The judge however turned down the prayers of Colonel Adegbe that the anti-graft agency pay N100million to him as a compensation for his unlawful detention and the request for a written apology.