Justice Kehinde Ogundare of a Lagos Federal High Court, has dismissed a N10 million fundamental rights enforcement suit filed by a a former bank manager, Fidelis Eugeke, against the Economic and Financial Crimes Commission (EFCC), his estranged wife, Blessing Eugeke and her brother.
Apart from dismissing the suit, Justice Ogundare, who held that the former banker manager’s suit was frivolous, unmeritorious and abuse of court’s processes, also ordered Egueke to pay a total sum of N750, 000, 00 to the EFCC, his estranged wife and the brother-in-law, as damages.
Justice Ogundare made the above orders and many others, on Wednesday, while delivering judgment in a suit marked FHC/L/CS/383/2022, filed be the former Bank manager against the EFCC and others respondents.
Egueke who last worked as the Asaba, Delta State branch Manager of Zenith Bank, but resigned his appointment after he was queried of alleged fraudulent withdrawal from accounts which he was not a signatory to, had dragged the EFCC and other defendants before the court and asked for the following reliefs: “a declaration that the invitation of the applicant by the 1st respondent at the instance of the 2nd and 3rd respondents to report for an interview on 7th March, 2022 in respect of a matter already pending before Hon. Justice Ringim of the Federal High Court, Lagos with Charge number FHC/C/298C/2020: IGP V. Fidelis Egueke, as unlawful, illegal and unconstitutional.
“A declaration thal the unlawful invitation of the applicant at the instance of the 2nd and 3rd respondents in respect of a matter they earlier reported to the Assistance Inspector general of Police, Alagbon, Lagos and now pending before Hon. Justice Ringim of the Federal High Court Lagos, constitutes an attempt to violently and flagrantly infringe his rights to personal liberty, dignity of human person right to freedom and right to fair hearing and violation of the provisions of Constitution of the Federal Republic of Nigeria 1999 (as amended).
“An order of perpetual injunction restraining the respondents, their agents, privies, men, officers, operatives, anybody whatsoever or howsoever in their authority from attempting to arrest or to detain or further invite for interrogation or any act likely to infringe the guaranteed rights of the applicant in respect of a matter pending before Hon. Justice Ringim of the Federal High Court, Lagos.
“An order compelling the respondents jointly and/or severally to deliver an apology in writing to the Applicant for unwarranted infringement of his fundamental rights.
“An order awarding jointly and/or severally N10 million Naira only, against the respondents on the footing of exemplary damages for the unwarranted infringement of his fundamental rights.”
The banker has averred in affidavit in support of suit that ‘he is presently unemployed as a result of the false petition the 2nd respondent wrote his former employer, Zenith bank, leading to his compulsory resignation from his employment.
He also averred that consequent upon the false allegations, he was arrested in residence at Asaba, Delta State on October 12, 2020, by men o the Nigeria Police Force without being informed of the reason(s) for the arrest and at the point of arrest, he had thought it was kidnap until he saw the driver to his brother-in-law, 2nd respondent.
In response to the suit, the EFCC filed a 17 paragraphed Counter-affidavit, while his estranged wife, Blessing Eugeke and her brother, equally filed their counter-affidavits attached with several documentary exhibits.
EFCC and other respondents refuted all the allegations contained in the banker’s aveerments and urged urged the court to dismiss the suit with substantial cost, for being incompetent, frivolous and abuse of court process.
Delivering judgment in the suit, Justice Ogundare, after perusing all the processes filed, plethoras of legal authorites cited by the parties and exhibits tendered, resolved all the issues raised in favour of the EFCC and other respondents.
Justice Ogundare also held that; “….. I have looked at the documentary exhibits attached to the affidavit in support of the application and the further affidavit of the applicant in response fo the counter affidavits of the 2nd and 3rd respondents. What can see there has not answered the allegations that the 1st respondent seeks to investigate.
“There is no evidence of any threat of infringement on the fundamental right of the applicant from the totality of all facts and evidence before the Court.
“Coming from the above premise, I hold that the applicant has not placed sufficient materials before the court to be entitled to the reliefs sought in the instant application.
“The issue for determination is resolved against the applicant. This suit as presently constituted is devoid of merit, it is speculative and an abuse of Court’s process and same hereby dismissed with N250, 000 00 cost award in favour of each respondents.”
