The Detention Of Senator Bassey Akpan Lawful – Court

A Federal High Court sitting in Abuja on Thursday ruled that the detention of the Senator representing Akwa-Ibom North East, Bassey Akpan, by the Economic and Financial Crimes Commission in May last year was lawful and constitutional.

Senator Akpan had been detained by the EFCC over allegations of misappropriation, abuse of office and money laundering involving about N30bn said to have been voted to the inter-ministerial direct labour scheme of Akwa Ibom State while he was the Commissioner of Finance in the state.

Delivering judgment, Justice Okon Abang, dismissed the fundamental rights enforcement suit filed by the senator to claim the sum of N250m as compensation for his alleged illegal detention by the commission and its Acting Chairman, Mr. Ibrahim Magu.

The court held that the suit lacked merit and amounted to an abuse of judicial process.

It ordered the senator to pay the sum of N20,000 to EFCC and Magu as compensation for the cost of the suit.

In dismissing the claim by Senator Akpan that he was being intimidated, embarrassed and harassed with incessant invitations, arrests and detention by the EFCC, Justice Abang held that by virtue of sections 6, 7 and 13 of the EFCC (Establishment) Act, “it is lawful for the EFCC to invite him for questioning”.

The judge added, “If that invitation is what is interpreted to be an arrest, it is lawful.

“EFCC has the power to arrest the applicant and detain him over a reasonable suspicion of a crime in order to complete investigation, but it must be within the ambit of the law.”

Justice Abang ruled that Akpan’s claim that his offence was not disclosed to him by the commission was untrue, adding that that various exhibits presented to the court showed that the senator was being invited for questioning in relations to allegations of misappropriation of about N30bn public fund belonging to Akwa Ibom State.

The court ruled that the senator failed to provide credible evidence to prove that the commission and its Acting Chairman violated his rights to personal liberty and human dignity on May 15, 2018, as alleged.

He ruled that Akpan failed to disclose in the affidavit evidence filed in support of the suit the periods of his arrest and release by the commission.

The judge noted that the EFCC had claimed to have detained Akpan for only one night between May 14 and May 15, 2018.

The court added that in the absence of any evidence from the applicant showing that he was still in detention as of May 17, 2018, when the suit was filed, it was unjustifiable that the affidavit filed in support of the suit was not personally deposed to by the senator but by his legislative aide.

The judge held that “except the movement of the applicant is restricted, the affidavit must be deposed to by him, otherwise it would amount to documentary hearsay”.