Dasukigate: Austrian moves to jail EFCC boss over illegal detention

A process for the committal to prison of the Chairman of the Economic and Financial Crimes Commission (EFCC) Ibrahim Magu, commenced on Thursday at the High Court of the Federal Capital Territory (FCT) Abuja.  

Brought by an Austrian businessman, Wolgang Reinl, the process known as Form 48 is meant to warn a culprit of the consequences of disobeying a court order, is followed by Form 49, which is a process of committal to prison, should the culprit remain in such a breach.

Thursday’s move is sequel to the alleged flouting of the orders of the same court that the Austrian be paid N10million in damages for illegal detention and release of some of his documents, including his international passport, seized by the Commission.  

The court presided over by Justice Peter Affen had on April 20^th,2016 after listening to the Counsel to Reinl, Mazi Afam Osigwe in an application for the fundamental rights enforcement held that his detention at the EFCC’s office at Wuse 2 Abuja from December 28^th, 2015 to 5^th February 2016, was unlawful, unconstitutional and constitutes a gross violation of his fundamental right to dignity of the human person and personal liberty which is contrary to Section 34(1) and 35(1) and (6) of the Constitution of the Federal Government of Nigeria 1999 as amended.

The court also declared that the seizure of his passport by the EFCC constitutes a gross violation of his right to freedom of movement contrary to Article 12(2) of the African Charter on Human and Peoples” Rights.

 Justice Affen further order that “the respondent (EFCC) shall release forthwith the applicant’s international passport seized or confiscated in the wake of his arrest and detention and delist him from their watch list or no fly list.

 “The respondent shall pay forthwith to the applicant the sum of Ten Million Naira (10,000,000) as compensatory damages for the violation of his fundamental rights to dignity of human person and personal liberty.”   

However, almost two weeks after the court’s decision the Commission, was said to have obeyed in breach as it bluntly and flagrantly refused to either release the Austrian’s international passport or pay the N10million compensation as ordered by the court.

 This prompted him to return to court, where his lawyer,  Osigwe filed the form 48 which is the consequences of the disobedience to court’s order.

Specifically, the applicant Wolgang Reil was arrested from December 28^th, 2015 to February 5^th, 2016 on the allegations of receiving money from the office of the embattled former National Security Adviser (NSA) Col. Sambo Dasuki without executing any contract but upon investigation it was discovered that his company Geonel Intergrated Services and A and R Security Solutions Limited actually executed the jobs for which they engaged.

The EFCC had before the court filed a counter affidavit denying that they ever arrested him but the court in its judgment later found out that he was actually arrested and detained by the EFCC and went ahead to award the N10million damages and the immediate release of his international passport.

·         Source: Whirlwindnews.com