by Azeez Adeniyi
The fundamental human rights suit against the EFCC by former Group Managing Director, NNPC was on Thursday stalled due to the judge’s ill health.
Federal High Court, Abuja, trial judge, Justice Ahmed Mohammed on Thursdaycomplained about his swollen leg after listening to submissions made by Yakubu’s counsel, Mr Ahmed Raji (SAN).
He subsequently adjourned to March 14 for continuation.
Raji said Yakubu, who reported to the EFCC since Feb. 8, had been in detention and had not been charged to court.
“The question to be asked is that can’t an investigation go on without a detention? It is my humble submission that investigation does not necessarily warrant detention as a mere allegation cannot justify incarceration.
“The constitution has provided a limited number of days for detention after which the suspect is to be charged to court or allowed to go.
“I submit that the purported warrant of arrest exhibited by the EFCC is irregular and constitute a gross abuse of proceedings of the court,” he said.
Counsel to the EFCC, Johnson Ojogbane dismissed a ruling by another court, stating that it lacks the jurisdiction.
“The alleged breached took place in Kano and the right place to institute a fundamental rights action is in Kano,” he said.
The EFCC had in a raid on Yakubu’s house located on Chiku road, Sabon Tasha area, Kaduna South Local Government Area, recovered the sum of $9,772,800 and another £74,000.
The agency had also secured an order to forfeit the cash to the government.
Yakubu had sued the EFCC for violation of fundamental human rights, urging the court to award N1bn in his favour against EFCC as damages and compensation for violation of his rights.
He also demanded a public apology in two widely published national daily newspapers.