The Economic and Financial Crimes Commission (EFCC) has been dragged to court based on the affront to the 1999 constitution of the Federal republic of Nigeria by the Zonal Director of the Economic and Financial Crimes Commission (EFCC).
Barristers Abduwahab and Chief Olawale Ojoge-Daniel took the matter to court over unlawful detention of their client, Mr Blessing Abegunde for the past eleven days.
It will be recalled that Chief Olawale Ojoge-Daniel has called on the officer in charge of Economic Governance Section of the Economic and Financial Crimes Commission (EFCC) to demand for immediate bail grant to his client, Mr Blessing Abegunde pursuant to Section 35 (5)a -which only allows for one day i.e. 24 hour-detention of suspects in respect of non-capital.offences and Section 36 (5) of the Constitution which presumes every accussed person innocent.
According to the lawyer’s brief “, “we are engaged as counsel and our professional services retained by: Mr BLESSING ABEGUNDE, here-in-after referred to as our client and on whose behalf, mandate, definite and unequivocal instruction this demand letter/notice of intention to sue your commission is written for act amounting to constitutional breach, persecution, derogation from and degradation of our client’s fundamental right to liberty and presumption of innocence, which portrays your commission as a lawless and reckless law breaker before the international community if given viral internet publicity and inescapably fosters liability upon your commission as enshrined under section 35(6) of the 1999 constitution of the Federal Republic of Nigeria as amended.
“We are duly informed that our client was arrested by your men in Lagos since 23RD of April 2024 and transferred to your command since 24TH of April 2024 on the basis of a frivolous petition written by one Olayiwola Olaniyi, the subject matter of which borders purely on civil transaction -i.e. purchase/supply of telephone chargers : already supplied by our client” and that you are allegedly being used to humiliate, harrass, intimidate and subjugate our client into submission with a view to by-passing the civil due process of resolving contractual transaction under consideration.
“Our client is said to be under the threat of having his life terminated or in the alternative succumb to your reprehensible and unconstitutional whims and caprices.
While stating his client’s demand, he said : “OUR INSTRUCTION is as follows;
(1) To demand for the release of our client “EX-DEBITO- JUSTITIA ” i.e. AS OF RIGHT-IN ACCORDANCE WITH THE CONSTITUTIONAL PRESCRIPTION: SECTION 35 (5) A.
(2) Where our demand is not met forthwith, our brief is to report your reckless and unconstitutional conduct to the Chairman of Economic and Financial Crimes Commission, publish same on the internet while simultaneously seeking redress in the court of law with immediate effect pursuant to the principle of : *”Ubi jus ibi remedium”* which translates to *”where there is a right, there is a remedy.”*
“It encapsulates the principle that when a legal right is violated, the law provides a corresponding remedy or relief to the aggrieved party. And so we shall demand.
“We have chosen the first step , believing and hoping that you as the ZONAL DIRECTOR would upon receipt of this formal application for bail of our client would act swiftly to prevent avoidable damage to your reputation,” he posited.
“Unfortunately no reply has been given to the demand letter and relatives of the suspect are not even allowed to see him.
“Hence this S.O.S urging the Ibadan command Director to call his men of *E.G.SECTION* to order in order to avoid pending further legal actions.
The notice of summon with Suit Ref: M/366/2024: Blessing Abegunde VS EFCC is to hold at the High Court of Justice, Ibadan
