My IBAVE Afor Raphael, a Delta Based Business Man and Youth /Community Leader in Oleh,Delta State has sued the Economic and Financial Crimes Commission (EFCC), for enforcement of his Fundamental Human Rghts claiming 50 Mllion Naira from a Matter emanating from the EFCC Benin Zonal Office.
In the Originating process (Suit no No.B/128M/2020) made available to Courtroom Mail, which was filed on behalf of the Applicant at the Edo State High Court, Benin City, by a Benin Based Legal Practitioner Amos Egharevba Esq., Of Amos Egharevba & Co., IBAVE Afor Raphael is asking for the following Reliefs :
A Declaration that the invitation of the Applicant by the 1st Defendant over a purported Complainant of 2nd Defendant over a commercial and contractual transaction is null,void and of no legal effect whatsoever.
A Declaration that the Letter written by the 1st Respondent to Applicant’s Bankers with out a Court Order to freeze the Applicant’s Accounts is an infringement of the Applicant’s Right to Fair Hearing .
A Declaration that the Continuous harrassment, Intimidation, threats and calls to the Applicant to come to the EFCC over a commercial transaction, where there is even no known Complainant is an infringement of the Applicant’s Fundamental Human Rghts for which damages inure.
An order of perpetual Injunction restraining the Respondents over this subject Invitation whether by themselves ,agents or any person acting on their behalf from arresting, harassing, obstructing or intimidating the Applicant over the subject Invitation.
Any other Order this Honourable may deem fit to make in the circumstance of this Suit.
In his affidavit in support of the Application for Enforcement of Fundamental Human Rights, the Applicant stated as follows:
That he is a Business Man, Trade Unionist and the Chairman of the Oleh Youth Council, said he was Invited by the EFCC on a Matter they are said to be investigating,
that he asked them who the Complainant in the Matter is, but they declined to reveal the identity of the Complainant, which is against his right to Fair Hearing.
That on interaction with an EFCC Official on the phone he was asked to come with his contract papers.
That he knows that it is only AGIP he has a contract with and he has asked Officials of the Agip and he has been informed that they didn’t Petition him at the EFCC. That he knows that he is being intimidated and to prove the above, the EFCC had written to his Banks to put an hold on his account as he found this out in one of his visits to Lagos to his bank, but the Bankers did not agree,
That the act of the EFCC writing to his Bank has put him a bad light among the Banking Community that it will affect his credit rating in the Banks,
That he not gone to the EFCC because a Member of his Community was in custody for 52 Days when he was arrested some time ago.
That the EFCC Inviting him with out telling him his alleged Offence and the Complainant is against the Principle of Fair Hearing as he will not have an apportunity to defend himself not knowing his alleged Offence.
That what he did for Agip Oil is a commercial transaction and the EFCC has no Jurisdiction over commercial transactions.
That if the EFCC is not restrained they will continue to harrass him,
That it is because of activities stated above that the Ayo Salami Panel is investigating the EFCC,
That if the EFCC is not restrained he will be arrested for weeks with out being granted bail.
There is Affidavit of urgency filed alongside the Matter and a date is being awaited for Hearing of the Matter.