A Bureau De Change (BDC) operator, Suleiman Babangida Sani, has sued the Economic and Financial Crimes Commission (EFCC) for alleged arrest, torture, and illegal detention without trial.
The applicant, through his lawyer, Edwin Anikwem (SAN), is praying for an order mandating the EFCC to pay him N200 million as general damages, and N1 billion as exemplary damages for flagrant violation of his fundamental rights.
The applicant is also asking the court for an order compelling the EFCC to tender an unreserved public apology for the infringement on his fundamental rights.
In a 33-paragraph affidavit sworn to by Olalekan Joseph Bayode, the deponent stated that the applicant had been at the EFCC detention centre at Okotie Eboh Street in Ikoyi, Lagos, since June 1 when he was arrested.
Anikwem averred that the applicant had been carrying on his business since 1993 as a BDC operator.
The deponent said the EFCC invited the applicant through a telephone call on June 1 to report to their office at 15A, Awolowo Road in Ikoyi, Lagos, adding that as a responsible and law-abiding citizen, he complied with the invitation.
According to the deponent, upon arrival, the applicant was asked about certain transactions concerning his BDC business, which he provided.
Anikwem averred that the officers informed him that the answers he provided were unsatisfactory and thus prevented him from leaving their office, thereby arresting and detaining him.
The lawyer said the applicant was not given any information about the nature of the offence he was arrested and detained for.
He added: “The applicant has not been charged with any criminal offence nor has he been informed of what his offence is since his arrest and detention on the 1st of June, 2024.
“Because of the poor sanitary condition of the cell, the applicant developed an extremely painful abscess on his fingertips while he was in detention.”
Anikwem averred that the applicant was not treated for the ailment despite complaining officially to be taken to the hospital, and as a result of the said untreated painful abscess on the fingertips, the applicant developed high blood pressure.
“When the applicant complained to officers of the EFCC about his health condition, he was ignored as there was no medical facility to cater for his deteriorating health.
“As a result of the applicant’s arrest and detention without trial, the applicant’s business has been closed for more than 150 days, leading to substantial financial loss in the business.
“The applicant is the sole breadwinner of his family which comprises a housewife, eight children, and an ailing aged mother of 105 years.
“As a result of the applicant’s arrest and detention, the applicant’s children have been out of school due to their inability to pay their school fees and other incidental expenses.
“As a result of the applicant’s arrest and continued detention, the applicant’s mother has resorted to praying for death as she does not want to be the one to bury her son.”
Anikwem averred that it would be in the interest of justice for the application to be urgently and expeditiously determined as the applicant has been languishing in detention.
The applicant is praying for a declaration that the continued detention of the applicant by the EFCC without charging him to court flagrantly violates his fundamental rights to life, respect for the dignity of his person, liberty and movement as guaranteed by Sections 33, 34, 35 and 41 of the 1999 Constitution and Article 6 of the African Charter on Human and People’s Rights (Ratification and Enforcement) Act, Cap A9 Laws of the Federation of Nigeria, 2004 and is therefore unconstitutional, unlawful, illegal, null and void.
He prayed for: “An order enforcing the Applicant’s fundamental rights by ordering his release from unlawful detention currently imposed on him by the Respondents.
“An order compelling the respondents to tender an unreserved public apology to the applicant for the infringement on his fundamental rights.
“An order mandating the respondents to pay to the applicant general damages of N200,000,000.00 (two hundred million Naira) only for harassment, torture, arrest and unlawful detention of the applicant’s person without trial.
“An order mandating the respondents to pay to the applicant the sum of N1,000,000,000.00 (One billion Naira) only as exemplary damages for the flagrant violation of his fundamental rights to wit: unlawful arrest and detention without trial.
“And such further order or orders as this honourable court may deem fit to make in the circumstances.”