Cousin to the former Goodluck Jonathan, Robert Azibaola, has draggedthe Economic and Financial Crime Commission to court for the enforcement of his fundamental rights.
In the new fundamental rights enforcement action filed on Azibaola’s behalf on Wednesday, by his lawyer, Ebun-Olu Adegboruwa, contended that the Economic and Financial Crimes Com!mission (EFCC), could not rely on sections 293 and 294 of the ACJA to continue to detain his client.
He claimed that those sections of the law were designed for criminal offences such as murder, armed robbery, kidnapping and treasonable felony, which attract capital punishment for which the police would need time to await a legal advice from the office of the Attorney-General.
Azibaola, who claimed that he is being persecuted based on his blood relation with former President Goodluck Jonathan, also accused the EFCC of having perfected the plan to keep transferring him from state to state in order to keep renewing the remand warrant to ensure that he was perpetually kept in detention.
He urged the court to order the EFCC to immediately charge him to court or release him if it was not ready to do so.
The suit is yet to be assigned to any Judge and no hearing date has been fixed.
He also described his continued detention as an attempt to make him indict Jonathan.
The detained Azibaola has thus urged a Federal High Court in Lagos to declare as unlawful any attempt by the anti graft body to make him indict the former President.
In the suit he said it was a violation of Section 7 of the Administration of Criminal Justice Act, “which has outlawed the practice of arresting a citizen as ransom for the alleged offence of another citizen.”
Azibaola said he has been in the EFCC’s detention since March 23, and therefore urged the court to bar the EFCC from approaching any magistrate’s court to obtain any remand warrant extending his detention in the anti-graft agency’s facility.
The EFCC had reportedly detained Azibaola on the allegation that he diverted $40m through a company, One-Plus Holdings, which was awarded the contract of pipeline surveillance.
The EFCC had transferred him from Abuja to Lagos where it on April 22 obtained a warrant from a Lagos State Magistrate’s Court in Ikeja to remand him pending conclusion of investigations into his alleged crime.