A federal high court in Yenagoa, Bayelsa state, has fined the Economic and Financial Crimes Commission (EFCC) N10 million for unlawfully declaring Οyinmiebi Biribena, a pastor, and his wife Beatrice, wanted.
Isa Dashen, presiding judge, gave the declaration while ruling on a matter marked FHC/YNG/CS/132/2022 filed on June 10, 2022, by the applicants seeking the enforcement of their fundamental human rights.
The couple had amongst several reliefs, sought a declaration that a publication made by the commission on June 8, 2022 via Guardian Newspaper on page 36, declaring them wanted without a valid court order, constituted a “breach of their fundamental rights to personal liberty, freedom of movement, right to private and family life and dignity of human person as guaranteed by Sections 34(1), 35(1) 37 and 41(1) of the 1999 Constitution of the Federal Republic of Nigeria (As amended), and 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”.
The judge agreed with the applicants and granted all the reliefs sought.
The judge also made an order directing and compelling the EFCC to offer a public apology to Biribena and Beatrice, for the “unlawful and unconstitutional” publication.
He also gave an order “restraining the EFCC from inviting, harassing, arresting and detaining Οyinmiebi and Beatrice Biribena, pending the determination of a suit marked FHC/YNG/CS/125/2022”.
However, instead of the N100 million sought by the applicants, the judge awarded N10 million as exemplary damages against the EFCC and Wilson Umujaren, former spokesperson of the commission.
Although the judgment was delivered on March 22, 2024, the certified true copy was obtained on April 30.
Bribena is the pastor in charge of Christ Embassy Church in Kumasi, Ghana.
Meanwhile, in a sister case marked FHC/YNG/CS/125/2022 between Bliss Multinational Perfections Limited and Οyinmiebi Biribena vs the Economic and Financial Crimes Commission, Dashen, while ruling on the originating summons filed on June 7, 2022, granted some declarations in favour of the applicants against the EFCC.
The judge declared that “by virtue of the provisions 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, members of Baraza Multipurpose Co-operative Society cannot report any dispute arising from transactions between themselves and the Co-operative Society, to any security agency or resort to any court of law without first reporting to the Registrar/Director of Bureau of Co-operative Societies, Bayelsa State”.
The judge further declared that the “EFCC cannot interfere in any dispute between members of Baraza Multipurpose Society arising from the registered business objects of the co-operative society”.
He declared that by the provisions of the EFCC Act, 2004, the commission “is not empowered to wade into disputes borne out of civil transactions arising from the registered business objects of the cooperative society and that by the provisions of Economic and Financial Crimes Commission Act, 2004, the EFCC cannot seize properties belonging to the plaintiffs which are clearly not proceeds to crime”.
Dashen gave a declaration that the “seizure and sealing of Bliss Multinational Perfections Limited’s property situated at No. 1 Otiotio road, Yenezue-Gene, Yenagoa, Bayelsa (known as Bliss Emporium) not being proceeds of any crime, by the EFCC is wrong, unlawful and ought to be returned”.
He also declared that the “seizure and sealing of the jointly owned property of Bliss Multinational Perfections Limited and Οyinmiebi Biribena, situated at No. 57, Green Villa Road, Biogbolo, Yenagoa, Bayelsa state, not being proceeds of any crime, by the EFCC is wrongful, unlawful, and ought to be returned”.
He ordered that the applicant’s bank accounts should be unfreezed.
