TheCitizen - It's all about you
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
TheCitizen - It's all about you
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
TheCitizen - It's all about you
No Result
View All Result

Unlawful detention of foreigner: Court awards N10mn damages against EFCC …. orders immediate release of plaintiff’s travel documents, removal from watchlist

The Citizen by The Citizen
May 8 2016
in Financial Crimes, Uncategorized
A A
0

An Abuja High Court has ordered the Economic and Financial Crimes Commission (EFCC) to pay a sum of N10m damages to an Abuja based foreigner and security expert Mr. Wolgang Reinl over his unlawful detention and seizure of his international Passport by the anti-graft agency.

The N10m fine was imposed on EFCC as compensatory damages for the violation of fundamental rights of Wolgang Reinl to dignity of human person and personal liberty.

The court also barred the EFCC from arresting, re-arresting, detaining or embarking on further seizure of the international passport of the plaintiff who is an Austrian Security consultant.

In his judgment in the legal action instituted by Wolgang Reinl to challenge his arrest and detention since December 12 2015 to February 2, 2016, Justice Peter Affen ordered that EFCC must forthwith release the international passport, cheque books and cell phones seized from the plaintiff in the wake of his arrest and detention.

Justice Affen in 27-page judgment also ordered EFCC to delist the foreign security expert from their watch-list or no-fly list as doing so infringes on the fundamental rights of Reinl to freedom of liberty.

The court held that the detention of the plaintiff at the EFCC custody in Abuja for over a month was unlawful, unconstitutional and constituted a gross violation of the plaintiff fundamental right to dignity as enshrined in Section 34 and 35 of the 1999 Constitution.

Reinl had through his lawyer Mr Afam Osigwe dragged the EFCC before the Abuja High Court to challenge his arrest and detention by the anti-graft agency for no just cause.

He claimed that 5 operatives of the EFCC had in December last year stormed his Abuja residence without lawful court order and search warrant invaded his house and made away with his properties on the ground that they were investigating a money laundering matter.

The plaintiff also claimed that the 5 EFCC operatives refused bluntly to identify themselves and forcefully took him to their Wuse office where he was detained for 5 weeks and his properties confiscated.

In the suit, the plaintiff prayed the court for an order of injunction restraining EFCC by itself, servants, privies, agents or whosoever purporting to act on its behalf from violating or further violating his fundamental right as guaranteed by the Section 34, 35 and 43 of the 19999 Constitution.

The plaintiff prayed the court for an order to remove his name from EFCC watch-list and to direct the anti-graft agency to tender a public apology to him and also for the immediate release of his international passport and other confiscated properties.

In its defence, the EFCC flatly denied ever arresting, detaining or seizing any property of the security expert as their detention records did not indicate anything like that.

However, in his judgment, Justice Affen said “it occurs to me however that whereas the plaintiff specifically mentioned CSP Sharu and Madaki as two investigating officers involved in his arrest and detention, the counter affidavit by the respondent is deafening silent as to whether or not the duo of CSP Sharu and Madaki are the respondent’s operatives.

“The law is well settled that where specific facts have been alleged against any person, it is that person but no other who may deny or refute those facts.”

“It therefore seems to me that feeble spirited denial in the counter affidavit is not sufficient in law to dislodge the plaintiff allegation and I cannot but find and hold that plaintiff was arrested and detained by the respondent for about five weeks from December 28, 2015 to February 5, 2016 as alleged and which constitutes a flagrant violation of the plaintiff fundamental rights to personal liberty”.

“I equally find and hold that the EFCC seized or confiscated the plaintiff international passport in flagrant violation of his right to freedom of movement as guaranteed under Section 12 of the African Charter.”

While acknowledging the onerous statutory responsibility of EFCC in investigating financial crimes, Justice Affen urged the body and other law enforcing agencies to “necessarily keep within the detention timelines prescribed by law as well as scrupulously observe the procedural safeguards required of them in order to maintain the delicate balance between law enforcement on one hand, and according due regard and recognition to human rights on the other hand.

“It cannot be over-emphasized that law enforcing agencies must operate within the confines of the laws they are required to enforce in order to make law enforcement more effective and effectual”.

“Law enforcers must observe and ensure the observance of ‘the law behind the law’ by demonstrating a moral commitment to the very laws they are required to enforce, for without such moral commitment to the law ‘who will guard the guard, and who will police the police.’

“Any failure or neglect by them to observe that timelines and safeguards may constitute an infraction of rights guaranteed and protected by the constitution which the supreme law of the land and from which other laws derived their validity,” the Judge said.

Previous Post

Herdsmen strike again, kill 12

Next Post

Herdsmen killings: Blame foreigners — IGP Arase

Related Posts

EFCC arraigns woman over N31m, $3,600, €1,815 visa fraud
Financial Crimes

EFCC arraigns woman over N31m, $3,600, €1,815 visa fraud

October 13 2026
FG mulls structures demolition for Lagos Coastal Highway service lanes, flood control
Financial Crimes

Court strikes out FG charges against fake PFIPC DG

October 13 2026
Court dismisses El-Rufai’s suit against DSS, EFCC, ICPC, others
Financial Crimes

Court dismisses El-Rufai’s suit against DSS, EFCC, ICPC, others

October 9 2026
FG assures 21-month delivery of Lekki Deep Seaport–Epe Road
Financial Crimes

Umahi threatens EFCC, ICPC action against non-performing contractors

October 7 2026
Court reserves judgment on El-Rufai’s bail appeal
Financial Crimes

Court reserves judgment on El-Rufai’s bail appeal

October 6 2026
Money Laundering: Thousands of Ddllars flown out of Nigeria every hour – INTERPOL
Financial Crimes

EFCC probes suspect with fake $212,200 in Kano

September 17 2026
Next Post

Herdsmen killings: Blame foreigners — IGP Arase

Lagos police hunt for man over banker-wife’s death

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

FROM THE GRASSROOTS

Minister defends King’s College concession, cites infrastructure decay

Minister defends King’s College concession, cites infrastructure decay

by The Editor
September 16 2026
0

...

Lagos demolishes shanties after four die in community clash

Lagos demolishes shanties after four die in community clash

by The Editor
August 30 2026
0

...

Kano, Sokoto, others spend N53.2bn on scholarships abroad

INEC fixes Sept 19 for Kano Assembly by-election

by The Editor
August 27 2026
0

...

Awujale: Ruling House sues Ogun, kingmakers

Awujale: Ruling House sues Ogun, kingmakers

by The Editor
August 25 2026
0

...

APPOINTMENTS

CJN swears in 68 new SANs

CJN swears in 68 new SANs

by The Editor
October 12 2026
0

...

Enugu governor names Nollywood’s Eucharia Anunobi, Rachael Okonkwo aides

Enugu governor names Nollywood’s Eucharia Anunobi, Rachael Okonkwo aides

by The Editor
September 23 2026
0

...

Gov. Yahaya swears in 19 new Gombe permanent secretaries

Gov. Yahaya swears in 19 new Gombe permanent secretaries

by The Editor
September 11 2026
0

...

Niger State governor appoints six commissioners-designate, four aides

Niger State governor appoints six commissioners-designate, four aides

by The Editor
September 8 2026
0

...

ODDITIES

Indian man assaults truck drivers in Lagos

Indian man assaults truck drivers in Lagos

by The Editor
October 13 2026
0

US engineer caught on camera poisoning colleague’s water bottle

US engineer caught on camera poisoning colleague’s water bottle

by The Editor
October 12 2026
0

Newly-wed pastor steps back from ministry after apologising over past affairs

Newly-wed pastor steps back from ministry after apologising over past affairs

by The Editor
October 6 2026
0

GLOBAL NEWS

Nigeria: Pope Leo XIV urges release of abductees from terrorists’ den

Pope Leo’s lung surgery successful — Vatican

by The Editor
October 13 2026
0

...

Child Soldiers: US threatens to cut military aid to Nigeria

Child Soldiers: US threatens to cut military aid to Nigeria

by The Editor
October 13 2026
0

...

Saudi Arabia threatens ‘serious response’ after Houthi airport attacks

Saudi Arabia threatens ‘serious response’ after Houthi airport attacks

by The Editor
October 13 2026
0

...

US releases fresh names, photos of 24 Nigerians on deportation list

US releases fresh names, photos of 24 Nigerians on deportation list

by The Editor
October 12 2026
0

...

US to livestream Fort Hood shooter’s execution

US to livestream Fort Hood shooter’s execution

by The Editor
October 9 2026
0

...

State of the States

Ogun pensioners demand gratuities, pension increases

Ogun pensioners demand gratuities, pension increases

by The Editor
October 9 2026
0

...

Enugu Air opens international route to Cameroon, begins Enugu-Douala service

by The Editor
September 25 2026
0

...

I won’t be a godfather; Abia voters will pick my successor, says Gov. Otti

I won’t be a godfather; Abia voters will pick my successor, says Gov. Otti

by The Editor
September 17 2026
0

...

Fubara orders fresh LG elections in Rivers State

Fubara signs N1.84tt Rivers 2026 budget into law

by The Editor
September 3 2026
0

...

Plugin Install : Widget Tab Post needs JNews - View Counter to be installed
  • Trending
  • Comments
  • Latest
FAAC shares N2.09tr to FG, states, local councils as October revenue

FAAC shares N2.43tr among FG, states, LGs

October 16 2026
Refiners predict petrol price drop below N400/ltr

Marketers reject govt plan to cap petrol price

October 16 2026
Economy: ₦1m salary worthless without stable Naira – NLC

FG, NLC clash over minimum wage talks

October 16 2026
Netflix secures exclusive 2030 FIFA World Cup broadcast rights in Spain, Andorra

Netflix secures exclusive 2030 FIFA World Cup broadcast rights in Spain, Andorra

October 16 2026

EDITORIAL REVIEW

Tariff hike: Electricity workers lock out minister, issue 14-day ultimatum

Don’t involve civil servants in politics – Punch

by The Editor
October 16 2026
0

Kano, Sokoto, others spend N53.2bn on scholarships abroad

Kano, Borno spreading tyranny – Punch

by The Editor
October 13 2026
0

2027: Wike, APC governors clash over Rainbow Coalition

Why are governors getting worse?

by The Editor
October 13 2026
0

US Congress okays bill to cut foreign aid to Nigeria

Nigeria’s revolving-door budgeting – Punch

by The Editor
October 12 2026
0

Police, Oyo LG deny release of kidnap victims after Igboho’s ultimatum

Tinubu’s extended absence – Punch

by The Editor
October 8 2026
0

Opinion

2027: Wike, APC governors clash over Rainbow Coalition

Why are governors getting worse?

by The Editor
October 13 2026
0

...

As we celebrate the girl-child, let us not forget the boy-child

As we celebrate the girl-child, let us not forget the boy-child

by The Editor
October 12 2026
0

...

Candidate Sowore: Revolution, Marijuana and other stories

Candidate Sowore: Revolution, Marijuana and other stories

by The Editor
September 25 2026
0

...

 Akpakomiza and other stories

by The Editor
September 1 2026
0

...

Plugin Install : Popular Post Widget need JNews - View Counter to be installed
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.

No Result
View All Result
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.