BEVERLY HILLS, June 29, (THEWILL) – An FCT High Court, Apo, on Wednesday dismissed Femi Fani-Kayode’s Fundamental Human Right suit challenging his prolonged detention by the Economic and Financial Crimes Commission (EFCC) for lack of merit.
Fani-Kayode, who was the spokesman of former President Goodluck Jonathan’s campaign organisation, was held in detention for at least 50 days before he was charged to court.
Displeased, he sought an order for his release asserting that his arrest and detention was a breach of his rights.
But Adegboyega Adeniyi, Justice of the Abuja court, on Wednesday, held that the EFCC did not breach any law by holding him, rather, ruling that the action of the EFFC on was constitutional.
Adeniyi said that arrest made for the purpose of investigation of crime could not violate fundamental human rights adding that the applicant did not establish how his right to life and freedom of movement was violated.
“The reason for arrest and detention is for reasonable suspicion of committing an offence and the test can be determined by the totality of the case in a court,” he said,
“The arrest (of Fani-Kayode) from May 9 to May 19 did not contravene human rights of the applicants by law as the EFCC had obtained an order to remand him in Abuja on May 10.”
The Judge added that another remand warrant was also obtained from a Magistrates’ Court in Lagos, which transferred the matter to Lagos; therefore, the court was incompetent because the case has been transferred to the Lagos which is not within its jurisdiction.
Story by David Oputah
