Monday, 06 May 2024 11:24

COURT AWARDS DAMAGES AGAINST EFCC

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Judge Isa H. Dashen of a Federal High Court in Yenagoa has awarded N10 million in damages to the Economic and Financial Crimes Commission (EFCC) for their unjustified, illegal, and unconstitutional publication of Pastor Oyinmiebi Bribena and his wife, Pastor Beatrice Bribena, as wanted without a valid court order in the Guardian newspaper on June 8, 2022. In making her decision, the court addressed a case with the case number FHC/YNG/CS/132/2022, which was filed on June 10, 2022, and which sought to uphold Oyinmiebi and Beatrice Bribena's fundamental human rights against Wilson Umujaren and the EFCC. 

Bribena

The court settled the only dispute against the EFCC and Wilson Umujaren, ruling in favor of Oyinmiebi and Beatrice Bribena. Furthermore, the court ruled that the two individuals' fundamental rights to personal liberty, freedom of movement, right to private and family life, and dignity of the human person have been violated by the EFCC's Guardian Newspaper Publication of June 8, 2022, on page 36, stating that they are wanted without a valid court order. These rights are protected by Sections 34(1), 35(1), 37, and 41(1) of the 1999 Constitution of the Federal Republic of Nigeria (As amended), as well as Articles 4, 5, 6, and 12(1) of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, Cap A9, Laws of the Federation, 2004. 

 

In addition, Judge Dashen mandated that the EFCC publicly apologize to Oyinmiebi and Beatrice Bribena for the illegal and unconstitutional Guardian Newspaper Publication that had declared them wanted without a court order. In addition, the court ordered the EFCC to refrain from inviting, berating, detaining, and arresting Oyinmiebi and Beatrice Bribena while the outcome of the lawsuit Bliss Multinational Perfections Limited and others v. Economic and Financial Crimes Commission is being determined. In addition, Judge Dashen granted the EFCC and Wilson Umujaren N10,000,000.00 (ten million naira) in exemplary damages for their unlawful violations of Oyinmiebi and Beatrice Bribena's fundamental rights, as well as for the psychological anguish and humiliation they endured as a result of the illegal and unconstitutional Guardian Newspaper Publication. 

 

Judge Dashen ordered many declarations in favor of the petitioners against the Economic and Financial Crimes Commission in a related. matter with the case number FHC/YNG/CS/125/2022 involving Bliss Multinational Perfections Limited and Oyinmiebi Bribena v. the EFCC. The court declared that members of the Baraza Multipurpose Cooperative Society are prohibited from reporting any disputes arising from transactions between themselves and the Co-operative Society to any security agency or any court of law without first reporting to the Registrar/Director of the Bureau of Co-operative Societies, Bayelsa State, by Sections 49 and 50 of the Nigeria Co-operative Societies Act, 1993, Cap C.35, Laws of the Federation of Nigeria, 2006.  

 

It further declared that the defendant could not intervene in any dispute between members of Baraza Multipurpose Society that stems from the registered business objects of the co-operative society, as determined by the interpretation of Sections 49 and 50 of the Nigeria Co-operative Societies Act, 1993, Cap C.35, Laws of the Federation of Nigeria, 2004; and Section 51 of the Co-operative Societies Law of Bayelsa State Cap, C11, 2006. 

 

 

Additionally, the court ruled that the Economic and Financial Crimes Commission Act of 2004 prohibits the EFCC from interfering in civil disputes resulting from the cooperative society's registered business objects and that the EFCC is not permitted to seize plaintiffs' properties that are not being used as proceeds of crime. 

Judge Dashen further declared that the EFCC's seizure and sealing of Bliss Multinational Perfections Limited's property, which is located at No. 1 Otiotio Road, Yenezue-Gene, Yenagoa, Bayelsa State (known as Bliss Emporium) and is not the proceeds of any crime, is illegal and should be returned. Additionally, he stated that the EFCC's illegal, wrongful, and should-be-returned seizure and sealing of the jointly owned property of Bliss Multinational Perfections Limited and Oyinmiebi Bribena, located at No. 57, Green Villa Road, Biogbolo, Yenagoa, Bayelsa State, was improper.

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