ECONOMIC AND FINANCIAL CRIMES COMMISSION (EFCC) V WOLFGANG REINL

Issue:

The respondent sued the appellant vide an Amended Originating Motion dated and filed on 7/3/2016 seeking the following reliefs: A Declaration that the arrest and detention of the Applicant by the Respondent since the 28th December, 2015 is unlawful, unconstitutional, illegal and violation of the Applicant's fundamental rights guaranteed by Section 35(1) and (4) of the 1999 Constitution of the Federal Republic of Nigeria. Upon being served with the process, the appellant raised a preliminary objection to the hearing of the originating process on the following grounds; (i) That the original originating motion was not served on it; and (ii) That the respondent failed to comply with the provisions of the Fundamental Rights (Enforcement Procedure) Rules (FREP), 2009. In defence of the substantive application, the appellant filed a counter affidavit wherein it denied detaining the respondent or confiscating his international passport. The respondent filed a further affidavit in response to the counter affidavit and attached thereto newspaper publications concerning his detention. After listening to the parties, the trial court, in a reserved judgment delivered on 20/4/2016, dismissed the appellant's preliminary objections and entered judgment in the substantive suit in the respondent's favour. It found and held that the appellant unlawfully detained the respondent in its custody from 28/12/2015 until 5/6/2016 and also confiscated his international passport, as alleged. The court awarded ₦10 million (Ten Million Naira) as damages in favour of the respondent and against the appellant for unlawful detention. The appellant was dissatisfied with the judgment and lodged an appeal before the Court of Appeal, Abuja Division. In a considered judgment delivered on 26th January, 2018, the appeal was dismissed and the judgment of the trial court was affirmed. The appellant is still dissatisfied and has further appeal to the Supreme Court vide its Amended Notice of Appeal deemed filed on 23/10/2019 containing 4 grounds of appeal.