Justice Ayokunle Faji of a Federal High Court in Lagos has ordered the Economic and Financial Crimes Commission (EFCC) and Nigeria Immigration Service (NIS) to pay the sum of N15 million to a businesswoman, Seinye Lulu-Briggs, over illegal seizure of her international passport and placing travel ban on her.
The judge gave the order following a fundamental rights enforcement suit marked FHC/L/CS/147/2020 filed by Lulu-Briggs who is the Chief Executive of Moni Pulo Limited and wife of late oil magnate, Olu Benson Lulu-Briggs.
The Comptroller-General of the NIS, NIS and the EFCC were listed as 1st, 2nd and 3rd defendants in the suit filed on her behalf by a team of lawyers led by Funke Agbor (SAN).
Delivering his judgment, the judge dismissed the 1st and 2nd respondents’ notice of preliminary objection and held that the originating processes were duly served on the respondents.
The court also dismissed the 3rd respondent’s preliminary objection and held that the act of initiating two separate actions in Lagos and Abuja on the basis that the infringement took place in Lagos and Abuja amounted to an abuse of court process.
Justice Faji held that the NIS could only prohibit the movement of any person where there is a certified order of a court of competent jurisdiction or if there is a warrant of arrest.
He held that a warrant of arrest can only be issued by a judge or magistrate, adding that the seizure of Lulu-Briggs’ passport by the anti-graft agency and immigration was unlawful.
“The letter from the 3rd respondent directing the arrest of the applicant did not constitute a warrant of arrest in any form or manner and cannot be a basis for restricting the movements of the applicant.
“The law permits the 1st and 2nd respondents from preventing a person from leaving Nigeria and not to prevent him from entering or delay his entry into the country. The acts of the respondents against the applicant in restricting her movements were done without lawful justification”, he said.
The judge added that both the EFCC and NIS did not comply with the provisions of the law in inhibiting the movements of the applicant to and from Nigeria.
He said: “The travel ban on the applicants by the 1st and 2nd respondents by way of a watchlist is a violation of the applicant’s right to fair hearing as she was not allowed to make representations before she was placed on the said travel ban.
“The fact that the 3rd respondent foisted the doing of an illegal act on the 1st and 2nd respondents does not give the 1st and 2nd respondents the cover for illegality.
“The 1st and 2nd respondents are both as liable if not more culpable than the 3rd respondent.”
Justice Faji awarded “the sum of N15 million in favour of the applicant as exemplary damages, jointly and severally against each of the respondents.”
He said that each of the respondents should publish an apology to the applicant in two national newspapers and “in particular either The Guardian or The PUNCH Newspaper.”
(Freedom Watch)
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