DR. AKINTOYE AKINDELE v. ECONOMIC AND FINANCIAL CRIMES COMMISSION & ORS HIGH COURT OF JUSTICE…

JUDGEMENT

We are pleased to have represented Dr. Akintoye Akindele, a distinguished businessman and Managing Director of Atlantic International Refinery and Petrochemical Limited, in a fundamental rights suit before the High Court of Justice, Federal Capital Territory, Abuja. Hon. Justice S.U. Bature delivered a significant judgment affirming that the Economic and Financial Crimes Commission (EFCC) violated Dr. Akindele’s fundamental right to personal liberty under Section 35(4) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), by detaining him beyond the expiration of lawful remand orders.
Dr. Akindele challenged the EFCC’s prolonged detention without charge, alleged denial of medical care, and inhumane treatment. The court thoroughly reviewed affidavits, counter-affidavits, and exhibits from both parties. The Applicant’s counsel argued that the EFCC relied on remand orders in bad faith to prolong detention without conducting investigations, but the court held that the initial detention from October 29, 2024, to December 11, 2024, was lawful, supported by valid Magistrate Court remand orders. However, the EFCC’s failure to obtain a High Court order for further detention after December 11, 2024, until Dr. Akindele’s arraignment on December 24, 2024, rendered the extended detention unconstitutional. The court cited EFCC v. Uboh (2022) LPELR-57968 (CA), which holds that detention beyond 24 or 48 hours requires judicial authorization and that administrative bail lacks constitutional validity.
The EFCC contended that Dr. Akindele’s failure to meet bail conditions, including providing his international passport, justified continued detention. The court emphasized that any detention beyond constitutional limits requires a court order. While insufficient evidence supported claims of inhumane treatment or violations of Dr. Akindele’s right to dignity under Section 34, the court upheld the breach of his right to personal liberty. Consequently, it ordered the EFCC to issue a public apology to Dr. Akindele and awarded N1,000,000 (One Million Naira) in damages for the unlawful detention. Other reliefs, including declarations of illegality, release orders, and injunctions against the EFCC, were not granted, as they were overtaken by events following Dr. Akindele’s arraignment.
This ruling underscores the judiciary’s commitment to protecting constitutional rights and ensuring law enforcement agencies adhere to legal standards. Dr. Akindele’s legal team, led by Ade Okeaya-Inneh (SAN), Ifeanyi Okpor, Esq and Caleb Atakpa, Esq., remains dedicated to upholding justice and safeguarding fundamental rights.

find the details of this judgement by clicking here…