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Monday, 24 April 2017

Court Declines Obanikoro's Request to restrain EFCC's 'right to search'...

A Federal High Court in Lagos on Monday struck out a suit by a former Minister of State for Defence, Sen. Musiliu Obanikoro, against the EFCC over its seizure of his properties. 

The other applicants are: Obanikoro’s wife; Fati, his sons Gbolahon and Babajide and his wife, Moroophat. Obanikoro and his family had sued the commission through their lawyer, Mr Lawal Pedro (SAN), seeking a court’s declaration that the forceful seizure of their personal effects constitutes a gross violation of their rights.
The applicants had prayed the court for an order to set aside the forceful seizure of their properties on June 14, 2016. 
They had demanded an “unreserved public apology”, as well as seeking the award of N100million as general damages against the commission, as well as an order restraining the EFCC from arresting them or entering their premises again to seize their properties. 
Besides, the applicants had also raised queries on the mode of execution of the search warrant; on grounds of irregularities, and had urged the court to declare the searches conducted therefrom, as unlawful. 
Meanwhile, the EFCC (respondent) had opposed the application urging the court to strike it out for lack of merit. 
Delivering judgment on Monday, Justice Abdulazeez Anka upheld the contention of the respondent and accordingly struck out the application.
NAN reports that the commission had claimed that Obanikoro received suspicious payments from the ONSA through companies linked to the family. 
For instance, the commission said that about one million dollars was transferred from the ONSA to Mob Integrated Services on March 18, 2015. 
The applicants, however, claimed that the commission violated Regulation 13 of the EFCC (Enforcement Regulation) 2010 which provides that it shall “apply and obtain” a court order to enter and search any premises.

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