Former Group Managing Director of Nigeria National Petroleum Corporation (NNPC), Andrew Yakubu, wants the Federal High Court, Abuja to award N1bn in his favour against the Economic and Financial Crimes Commission (EFCC), as damages and compensation for violation of his right.
Counsel to Yakubu, Adeola Adedipe told the court, Tuesday, that the matter was brought pursuant to Order 8 Rule 4 of the Fundamental Rights Enforcement Procedure Rules.
Yakubu also prayed the court for a declaration that he was entitled to the dignity of his person, personal liberty, freedom of movement, private and family life as enshrined in the 1999 Constitution.
Yakubu joined the EFCC and the Attorney-General of the Federation as first and second respondents in the suit.
He also prayed the court to declare that his continued detention by the EFCC without charging him to court or allowing him to complete his medical procedure in the United Kingdom was a violation of his rights.
The former NNPC boss asked the court to declare that his continued detention was also an infringement on his rights to dignity of human person. He subsequently, prayed the court for an order enforcing his rights to personal liberty, dignity of human person, freedom of movement, private and family life.
This, he said, was by directing his immediate release from EFCC custody or admitting him to bail on liberal terms and allowing him to complete his medical treatment in the United Kingdom. Yakubu also prayed for an order of perpetual injunction restraining the EFCC from further detaining him unlawfully.
He urged the court to compel the respondents to tender a public apology to him in two widely published national daily newspapers for the violation of his rights.
However, in its opposition to the application, the EFCC through a counter affidavit deposed to by one Waziri Adamu averred that investigation to the allegations against Yakubu was ongoing.
The counter-affidavit further said that the interim findings revealed that the monies found in Yakubu’s house were not gifts but were suspected to be proceeds of crime.
The EFCC said that at the time Yakubu was GMD of NNPC, he was a public officer and there were existing laws that barred public officers from accepting those kind of gifts under any guise.
The anti-graft agency pleaded with the court not to order the release of Yakubu in the interest of justice. The affidavit indicated that the search conducted in Yakubu’s house was backed with a valid court order.
Trial judge, Justice Ahmed Mohammed adjourned the matter until March 9.
The EFCC had in a raid on Yakubu’s house located at Chiku road, Sabon Tasha Area, Kaduna South Local Government Area recovered the sum of $9.772m and another £74,000.
A Kaduna High Court had consequently granted an order of forfeiture of the said money to the Federal Government. Yakubu is currently in EFCC custody.