The Federal High Court, Abuja, has ordered the Economic and Financial Crimes Commission (EFCC) to deposit N12.5 million imposed on it for infringing on the fundamental human rights of Sen. Abdulaziz Nyako.
Justice Gabriel Kolawale who made the order on Tuesday in Abuja, said that the fine should be deposited with the Chief Registrar of the court.
The News Agency Nigeria (NAN) reports that the N12.5 million was imposed on the anti-graft agency as a fine for arresting and detaining the senator for three days.
It was also imposed on the agency for freezing all of Nyako’s bank accounts for over two years without a court order, or charging him to court.
The fine was part of the judgment delivered by the court on June 22, 2016 in favour of Nyako, who is a serving senator and son of former Adamawa governor, retired Rear Admiral Murtala Nyako.
Delivering ruling on an application by EFCC for stay of execution of the judgment, Justice Kolawale struck out the application saying that it was lacking in merit.
The judge said that no cogent reason was placed before the court to enable it use its discretion in favour of the anti-graft agency and stay the judgment.
He disagreed with the argument of the EFCC that it would not be able to function if it paid the fine, adding that the argument was based on sentiments and not on law.
The judge agreed with Nyako that the motion of appeal said to have been filed by the EFCC was a ploy to deny him the fruit of his success in his court case against the agency.
“More than a year after the judgment was entered against EFCC, the compilation of records by the agency for transmission to the Court of Appeal has not been done and the period allowed by law has expired.”
Kolawale also agreed with the senator that his arrest and the freezing of his accounts for over two years was an abuse of his fundamental rights as a serving senator and a responsible citizen of the country.(BY NAN)