The Economic and Financial Crimes Commission and the Nigerian Army have been ordered to release Colonel Nicholas Ashinze, a former aide to the ex-National Security Adviser, Colonel Sambo Dasuki (retd.).

An Abuja High Court sitting in Jabi, on Monday, ruled on the bail hearing of Ashinze, who has been in detention since December 23, 2015.

Justice Yusuf Haliru directed the EFCC and army to immediately release him on self-recognition, stressing that his detention was illegal, wrongful, unlawful and constituted a blatant violation of his fundamental rights.

The court also ordered the EFCC to immediately release the documents and items the anti-graft agency seized from the house of Ashinze.

“The EFCC is a creation of the ‎law. The court will not allow it to act as if it is above the law. It is remarkable to note that the motto of the EFCC is that nobody is above the law, yet they are acting as if they are above the law.”

“The EFCC Act is not superior to the constitution of the Federal Republic of Nigeria. The respondents in this matter have not behaved as if we are in a civilised society. They have behaved as if we are in a military dictatorship ‎where they arrest and release persons at will.”

“The respondents, I must be bold to say- the EFCC and the Army- have behaved like illiterates”, the Judge added. ‎ He said the constitution stipulated that any person so detained should be charged to court within reasonable time not exceeding two months from the date of arrest.”

“Why has the 1st respondent kept the applicant without bringing him to court? Why was the applicant, being a serving military officer who could be easily reached, not granted administrative bail? Or is it that the applicant has been found guilty and already serving his jail term?‎”

“Nobody should be subjected to the whims and caprices of the EFCC. The essence of the rule of law and constitutional provisions is to ensure a just balance between the ruler and the ruled, between the powerful and the weak. Though the EFCC has the responsibility to investigate financial crime, it must however conduct its operations in accordance with the rule of law.”

“The court is empowered to guard against i‎mproper use of power by any member of the society or agency, EFCC inclusive.‎ “The detention of the applicant, for all intent and purposes, is not just unfair but unfortunate.”

Kolapo Olapoju