By Jude-Ken Ojinnaka
Justice Peter Kekemeke of a Federal Capital Territory (FCT) has granted the order in a suit filed by a businessman Emmanuel Yashim seeking for enforcement of his fundamental rights.
In the suit marked marked CV/590/2022, the applicant had prayed the court to compel the Economic and Financial Crimes Commission (EFCC) to pay him N10 million for impounding his car since 2022 as damages for breach of his right.
In his judgement, Justice Kekemeke ordered the Economic and Financial Crimes Commission (EFCC) to pay N1 million damages to Emmanuel Yashim for violation of rights to own property.
He further ordered the Commission release the applicant’s car forthwith.
The applicant through his counsel, Nwachukwu Ibegbu had prayed the court to order EFCC to release his Mercedes Benz GLC 300 in its custody since November 22, 2022.
The applicant prayed the court to declare that the continuous holding of the car without stating the offense amounted to breach of his right.
He therefore prayed the court to declare such an act by the anti-graft agency as unconstitutional and illegal.
Delivering judgement, Kekemeke held that the continued detention of the applicant’s vehicle by the EFCC is unconstitutional and illegal and therefore a breach of the applicant’s fundamental rights.
Consequently, he ordered the respondent to release the vehicle forthwith.
He added that the respondent’s agents, privies and servants whosoever called are restrained from further re-arresting or impounding the applicant’s vehicle except in accordance with the order of court.
“The respondent is ordered to pay a sum of N1million as compensation for the breach of the applicant’s right to own a property,” the judge ruled.
