Justice Mojisola Olatoregun of the Federal High Court sitting in Ikoyi, Lagos on Wednesday, July 5, 2017 dismissed the fundamental rights enforcement suit filed by Robert Azibaola, a cousin to former President Goodluck Jonathan, against the Economic and Financial Crimes Commission, EFCC.
Azibaola, through his counsel, Ebun-Olu Adegboruwa, had contended that the EFCC had no right under Sections 293 and 294 of the Administration of Criminal Justice Act, ACJA, to detain him.
In the suit, Azibaola claimed that the Sections are for capital offences for which a legal advice from the Attorney-General is required before a charge could be filed.
Azibaola further claimed that the Sections do not apply to financial crimes.
The respondent (EFCC), however, argued that Section 264 of the Administration of Criminal Justice Law of Lagos State 2011 empowers it to detain suspects based on remand warrants issued by magistrate courts.
In a well considered ruling, Justice Olatoregun dismissed the suit noting that the EFCC acted within the provisions of the law.
Azibaola was alleged to have received $40m in September, 2014 from a former National Security Adviser, Col. Sambo Dasuki (retd.), who is also facing trial for allegedly diverting the funds meant for procurement of arms to fight the Boko Haram insurgency.
Azibola also allegedly received another N650million from Dasuki on December 8, 2014.