The Court also awarded N5m as damages against the Economic and Financial Crimes Commission (EFCC) as compensation for the suspect’s “wrongful and illegal detention” from July 1 till date.
It would be recalled that Mr. Agbele Agbele was arrested by the EFCC in Lagos on June 27 and has since been detained for his roles in the handling of over N1.2bn on behalf of Fayose during the Ekiti State governorship election in 2014.
However, Justice Olukayode Adeniyi who presided over the case held that the order obtained by the anti-graft agency from a Magistrates’ Court in Wuse on July 13 after the EFCC was served with the processes of the suit, amounted to nullity, as it (the order) was said to have been obtained to foist a “fait accompli” on the court with respect to the suspect’s suit.
Justice Adeniyi further condemned “the arbitrary abuse of power and unlawful detention of the applicant (Agbele) without arraigning him in court of competent jurisdiction in line with the constitution”.
Furthermore, Justice Adeniyi ruled that should the anti-graft commission fail to prefer charges against the suspect within 21 days, all his personal belongings seized by the EFCC which includes his international passport should be released to him.