Detained Former Speaker Sues EFCC Over Human Rights

 

Dimeji Bankole

Embattled former Speaker of the House of Representatives, Mr. Dimeji Bankole yesterday has filed a lawsuit at the Federal High Court, Abuja, seeking the enforcement of his fundamental human rights pursuant to Fundamental rights (Enforcement Procedure) Rule.

Suit No. FHC/ABJ/CS/5654/11, dated June 6, was apparently filed on his behalf by Yemi Oke of  MJS Partners just hours after the Economic and Financial Crimes Commission (EFCC) finally arrested him. Mr. Bankole had evaded the Commission’s investigators for two weeks, refusing to honour meetings he had agreed to.  Bankole’s suit is seeking an order of court directing the EFCC to release him pending the hearing and determination of the substantive suit which is aimed at enforcing his fundamental human rights.

Mr. Bankole”s key aides claimed that information about the lawsuit, which was discreetly filed by the counsel to the former Speaker, was leaked to the EFCC which promptly summoned Mr. Festus Keyamo to dust-up the old allegations against the Speaker which involve the purchase of cars and other items to form the basis of immediate charges against Bankole to pre-empt the outcome of his fundamental human rights suit.

“It is for this reason that Mr. Keyamo immediately rushed to the same Federal High court in Abuja to file a 16-count charge on Tuesday 7th June,  one day after Bankole’s suit. The charges filed by Keyamo contained nothing about the allegations of the N10 billion Naira bank loan which supposedly formed the basis of the arrest and detention of Bankole.  All items on the charge sheet were mainly from the old allegation of convoy car and office equipment purchase, which is an indication that he will be facing other charges in the future. ” said Chief Kayode Odunaro.

However, Mr. Keyamo has said that the 16-count charges filed against Dimeji Bankole yesterday are only the first set of charges. Mr. Keyamo did not mention mention in his press release ay plans to charges Bankole , his key aides and bank officials involved in his $1 billion money laundering through several proxy accounts at the United Bank For Africa (UBA).

Courrrrrt!

According to Keyamo, other charges pertaining to the Ten Billion Naira loan and the 407 Peugeot Car Scam shall be filed in due course.

The arraignment of Bankole is scheduled to takes place today Wednesday, June 8, 2011, before Justice Donatus Okorowa of the Federal High Court no.7, Abuja at 9:00am prompt.

Below Reliefs Being Sought By Bankole:

AN ORDER directing the Respondent to release forthwith the Applicant (Hon Oladimeji Bankole) pending the hearing and determination of the Motion on Notice.

AND FOR such other order and further orders as the Honourable Court may deem fit to make in the circumstances.

Grounds Upon Which the Reliefs Are Sought:

1.    The Applicant as a Nigerian citizen is entitled to freedom of movement and right to personal liberty as respectively guaranteed under sections 35 and 41 and of the Constitution of the Federal Republic of Nigeria 1999 (as amended).

2.    The fundamental human right of the Applicant guaranteed under the constitution cannot be derogated or denied to him under any circumstances unless and to the extent as prescribed by the constitution.

3.    Arbitrary detention of the Applicant by the Respondent without any charge or formal allegation of committing crime(s) relating to economic fraud in a law court amounts to flagrant violation and breach of the constitution bordering on fundamental human rights particularly sections 41 and 35.

4.   The Applicant has committed no crimes or offence to warrant or justify detention without charge.

Facts Relied Upon:

1.       The Applicant, until three days ago, was the Speaker of House of Representatives of the Federal Republic of Nigeria.

2.      By virtue of a letter dated 24th May, 2011 Ref CR/300/EFCC/ABJ/EG 6 Vol. 1/271 written to the Clerk of the House of Representatives, the Respondent summoned the Applicant to appear and make necessary clarifications in respect of the matter bordering on N10 billion Naira loan taken by the House of Representatives under his leadership.

3.      The Applicant replied the Respondent’s letter same day, on 24th May 2011 with a request to appear few days due to urgent state assignments.

4.      Regrettably, the Applicant could not appear on the date and time stated in his reply due to crucial national assignments relating to the duties of his office as Speaker.

5.      The Respondent wrote another letter directly to the Applicant Ref CR/3000/EFCC/ABJ/EG 6/Vol. 1/274 which is dated 27th May, 2011 to complain of inability of the Applicant to appear as earlier scheduled and to renew its invitation despite the fact that the Applicant had in his reply made detailed explanation as to the nature of crucial/urgent national assignment of his office that made it impossible for him as basis of his inability to appear.

6.      The applicant then promptly wrote another letter to respond to the Respondent’s second letter, which reply is dated 30th May 2011 to the effect that he will be able to appear at the Respondent’s office immediately he has been able to conclude handing-over formalities to the new Speaker of the House of Representatives who is billed to emerge on Monday 6th June, 2011.

7.      On Friday 3rd June, 2011 the Respondent invaded the Applicant’s residence and arrested him due to alleged failure to honour its invitation.

8.      Immediately upon his arrest, a popular evening newspaper, PM News, reported the news widely and boldly on in its cover page with a title “BANKOLE ARRESTED”.

9.      All efforts to gain access to the Applicant proved abortive as his parents, aids, relative and associates who had thronged the office of the Respondent were denied access to him under the guise that the applicant has not been brought to its office.

10.   In the morning of Saturday 4th June, 2011, another widely circulated newspaper, the Punch on Saturday, reported that “BANKOLE UNDER HOUSE ARREST BY EFCC” in its front page.

11.    In the evening of Sunday 5th June, 2011 another television station reported a news that the Applicant has been formally arrested after placing him under house arrest since Friday 3rd June, 2011.

12.   The newspapers of today, 6th June 2011 report to confirm that the Applicant has been moved from house arrest into the Respondent’s custody making it the 5th day since the Applicant has been in custody of the Respondent.

13.   From the above, it is clear that the Applicant has been in custody of the Respondent since Friday 3rd June 2011 and he has neither been charged not taken before any Court of law to answer any charges on the allegation forming basis of his continued detention by the Respondent.

14.   The Applicant’s life is in danger as he has not been allowed access to his wife, parents, relatives, doctors, associates and counsel.

15.   The Applicant is traumatized and psychologically depressed due to his continued detention and curtailment of his personal liberty by the Respondent which made him refuse to eat and undertake his routine physical activities including attending to his health.

16.   The Applicant suffers from chronic hypertension and his detention without formal charges or trial by the Respondent has worsened his health and physical conditions.

17.   All attempts to get the Respondent to release the Applicant have proved abortive, leading to filling this application to enforce his fundamental human rights pursuant to Fundamental Rights (Enforcement Procedure) Rules 2009 to enforce his rights as guaranteed under sections 41 and 36 of the Constitution of the Federal Republic of Nigeria 1999.

Source: SR