Chairman of the Economic and Financial Crimes Commission, EFCC, Ibrahim Magu risks being sent to jail over his refusal to release a cousin of former President Goodluck Jonathan, Azibola Robert who has been in the commission’s custody since March 23rd, 2016 despite the orders of a High Court of the Federal Caiptal Territory, FCT, Abuja that he be released from detention.
The court presided over by Justice Olasunbo Goodluck had on April 7th, 2016 after listening to counsel to Robert, Chief Chris Uche, SAN and Gordy Uche, SAN, ordered the Commission to immediately release Robert from detention.
However, in spite of the fact that the bail conditions have been fulfilled by the applicants, the EFCC has continued to detain them in their facility, prompting the applicants, through the council, file form 48 which is consequences of the disobedience of court orders while they are expected to file committal proceedings against the EFCC Chairman today.
Counsel to Roberts, Uche, SAN, had in a letter to the EFCC Chairman, Magu which was copied the Attorney-General of the Federation, Abubakar Malami, SAN, regretted that in spite of being served with the two orders of the court, the Commission has continued to detain his clients ten days after the said court order and in defiance of the court.
According to Uche, “this is regrettable, considering the fact that the government is one that has stated its commitment to respect for the rule of law and has pledged to prosecute the war against corruption within the ambit of the rule of law. It must also be remembered that it is before the same courts of this country that your Commission arraigns and will arraign suspects.
“We therefore request that you release our clients forthwith as ordered by the court. Permit us to add that we shall be compelled to commence committal proceedings before the court if the court’s order is not complied with in line with your Commission’s motto that no one is above the law” he declared.
Nigerian Pilot recalled that the EFCC had on March 23, arrested Robert over alleged diversion of $40 million through One-Plus Holdings, a sister company of Kakatar Construction and Engineering Company Limited meant for securing oil pipelines.
The payment was said to have been made by the detained former National Security Adviser, NSA, Col. Sambo Dasuki (rtd).
Frustrated by his prolonged detention, Robert through his lawyer Uche (SAN), approached the court for the enforcement of his fundamental rights.
In a motion ex-parte dated and filed on April 5 and brought pursuant to Order 5 Rules 3 and 4 of the fundamental Rights (Enforcement Procedure) Rules 2009, Section 35 of the 1999 Constitution (as amended), Uche (SAN) prayed the court to make “an order granting his client an interim bail pending his arraignment before a court of law by the respondent, EFCC, or pending the determination of the substantive motion in this suit”.
Delivering a ruling on the application, the trial judge, Justice Goodluck Olasunbor held that Robert’s detention by the EFCC for over two weeks was unconstitutional.

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