The court on March 3 granted the order, while also granting an order of perpetual injunction restraining the EFCC from further freezing the said Applicant’s account without first charging it to court for any offence known to law.
A High Court of the Federal Capital Territory sitting in Abuja, has awarded N10million against the Economic and Financial Crimes Commission for illegally freezing the accounts of a company Rodrigo International Services Limited.
The court on March 3 granted the order, while also granting an order of perpetual injunction restraining the EFCC from further freezing the said Applicant’s account without first charging it to court for any offence known to law.
The judgment was consequent upon a fundamental rights enforcement application filed by Mike Ozekhome, SAN, seeking to enforce the company’s fundamental rights.
Ozekhome had approached the court presided over by Justice A.S Adepoju, praying it to pronounce the act of the EFCC in freezing the account of the Applicant since the 24th day of November, 2020, without charging the said company to court for any offence known to law, as unconstitutional, illegal, wrongful, unlawful and a blatant violation of the Applicant’s fundamental rights.
The EFCC was said to have ordered the Guaranty Trust Bank PLC to place the account of the Applicant on a “post-no-debit” since 24th November, 2020, until the time of the delivery of the judgement without ever charging the Applicant to court for any offence known to Nigerian laws.
Ozekhome, on the instructions of Muzan Bruno Asepni (one of the directors of the company), filed the fundamental rights enforcement suit at the High Court of the Federal Capital Territory, Abuja, against EFCC and Guaranty Trust Bank.
The Hon. Justice A.S Adepoju while delivering judgement against the EFCC, awarded general damages against the EFCC in the sum of N10,000,000, for illegally freezing the Applicant’s account without any proof of money laundering against the company by the EFCC.
The court further held that there was no evidence that any money was ever laundered through the company’s account.
The court equally ordered the Guaranty Trust Bank PLC to forthwith unfreeze the account of the company to enable the company to make use of its funds.