Peter Affen, justice of an Abuja high court, on Wednesday flayed the Economic and Financial Crimes Commission (EFCC) as “carrying too much physical power everywhere”, for the tactics it employed in trying to stall a case involving the agency and Wolfgang Wolfgang, an Austrian security contractor who sued the anti-graft agency for detaining him without trial.
According to PRNigeria, Wolfgang had been in the custody of the EFCC since December 2015 in connection with the trial of Sambo Dasuki, former national security adviser (NSA).
Afam Osigwe, Wolfgang’s lawyer, had approached the federal capital territory high court for the enforcement of his client’s fundamental rights, but at the hearing of the matter, the EFCC through its counsel, Ibrahim Audu, told the court that it never detained the plaintiff.
The EFCC urged the court to dismiss it for gross incompetence and for lack of jurisdiction. It argued that there was no evidence to show that it arrested Wolfgang.
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The proceedings took a twist when the EFCC lawyer filed a preliminary objection to Wolfgang’s application.
Justice Affen, who reserved ruling on the objection, stated that the plaintiff had the right to sue the EFCC.
Irked by the use of words of the EFCC counsel, the judge berated the anti-graft agency for attempting to intimidate the court, advising it to drop its toga of arrogance.
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“You are in court, and I am the dominis litis here. This is not EFCC office. You must comport yourself. The problem is that you people (EFCC) have too much physical power and you carry it to everywhere you go,” he said.
“This is not a motor park and you must not be throwing your hands anyhow and be shouting. When you come before me, you will never remain the same. You owe the court a duty of deference. Leave your policeman or EFCC powers at the door. Didn’t they teach you that in law school?”
Wolfgang is asking the court to declare that his arrest and detention by EFCC since the December 28, 2015 is unlawful, unconstitutional, illegal and a violation of his fundamental rights guaranteed by section 35(1) & (4) of the 1999 constitution of the federal republic of Nigeria.
He is also asking the court to award a cost of N2bn against the EFCC for aggravated damages.
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8 comments
Corruption is surely fighting back dirty and ugly. It is unbelievable that this judge had an axe to grind with Efcc and its agents. This is surely a proxy fight on behalf of the rapists of our commonwealth. On behalf of Dasuki and his co-travellers, Justice Affen is ready to throw anything into the ring. He is ready to be give them judgment and deny Nigerians justice. Now that he could not hide his contempt for the anti-sleaze fight, Peter Affen could as well disqualify himself in any suit involving efcc and its officials.
By the way, don’they slways say judges are honourable? This judge behaved less considering his pent up emotion which he could not hide.
Peter Affen would prefer to back the economic saboteurs like Wolfgang -all on the altars of human rights when the same Austrian brazenly breached our own collective fundamental rights.
With judges like this on the bench, our economic soul would continue to bleed to death.
I urge justice Affen to continue in his attitude, his generation will taste of the rot that has become of Nigeria, I bet his Autrian friend Wolfgang wont try that in his native Germany or Austria
I like Judges who are courageous and fearless. Peter Affen has impressed me with his remarks
Well said Labaran
nice one Labaran
in addition to honesty and erudition, a good judge should possess in its plenitude the qualities of courage and firmness. it requires considerable courage to uphold the fundamental rights of the Citizens against the invasion by any govt agency. kudos to Justice Afam.
Well said. I am very sure that this won’t be the first time he has witnessed these men called EFCC intimidating people. They ignore court orders these days. All their detention and findings have never been concretised with evidence.They should fight corruption but with correct procedure because I foresee boomerang afterwards. The blues might play after the reggae.
What courageous judGement has this courageous judge given in the past? Who doesn’t know his grouse with EFCC Why don’t they castigate all those corrupt SANs that come to play in their courts? No one should feel intimidated if he has no skeleton in his/her cupboard.