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

US-based Nigerian risks 20 years’ jail over $2.7m fraud
Financial Crimes

US-based Nigerian risks 20 years’ jail over $2.7m fraud

August 13 2026
Fake NNPC director in EFCC custody over N100m fraud
Financial Crimes

EFCC recovers N115bn, $84m NDDC levy from oil firms

August 13 2026
Fake agency scandal: Presidency faces heat as FG prosecutes embattled DG
Financial Crimes

PFIPC scandal: Adeyemi demands media, lawyers’ presence before Reps probe

August 10 2026
Italy-based bizman excretes 98 cocaine wraps at Enugu Airport
Financial Crimes

Italy-based bizman excretes 98 cocaine wraps at Enugu Airport

August 10 2026
US lobbying firm offers to help alleged phantom agency DG seek asylum
Financial Crimes

ICPC clears Gbajabiamila of wrongdoing in fake agency saga

August 7 2026
FG mulls structures demolition for Lagos Coastal Highway service lanes, flood control
Financial Crimes

Fake agency probe: Adeyemi rejects closed-door Reps quiz

August 6 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

Lagos Council defies NLC directive to skip Pro-Tinubu Group inauguration

Lagos Council defies NLC directive to skip Pro-Tinubu Group inauguration

by The Editor
August 12 2026
0

...

Federal High Court relocates Lagos division to new complex

Federal High Court relocates Lagos division to new complex

by The Editor
August 6 2026
0

...

Kano Assembly suspends three LG chairmen for alleged misconduct

Kano Assembly suspends three LG chairmen for alleged misconduct

by The Editor
August 4 2026
0

...

NDDC trains traditional birth attendants to reduce maternal, newborn deaths

NDDC trains traditional birth attendants to reduce maternal, newborn deaths

by The Editor
July 29 2026
0

...

APPOINTMENTS

Police IG deploys new CPs to eight states, other formations

Police IG deploys new CPs to eight states, other formations

by The Editor
August 7 2026
0

...

Katsina governor swears in four permanent secretaries

Katsina governor swears in four permanent secretaries

by The Editor
August 6 2026
0

...

Rivers State not for political war, says Fubara

Gov. Fubara swears in 12 perm secs, urges commitment

by The Editor
July 31 2026
0

...

Tinubu appoints new special adviser on House of Reps matters

Tinubu appoints new special adviser on House of Reps matters

by The Editor
July 27 2026
0

...

ODDITIES

Celestial Church begins probe into Temitope Osoba’s death

Celestial Church begins probe into Temitope Osoba’s death

by The Editor
August 13 2026
0

Indimi joins appeal against $43.5m judgement award to daughters

Indimi joins appeal against $43.5m judgement award to daughters

by The Editor
August 6 2026
0

Nigerian woman in Canada demands husband swear oath against cheating before visa sponsorship

Nigerian woman in Canada demands husband swear oath against cheating before visa sponsorship

by The Editor
July 23 2026
0

GLOBAL NEWS

WHO sounds alarm on ebola outbreak

by The Editor
August 13 2026
0

...

Rescuers scramble for survivors with 180 dead in Colombia earthquake

Rescuers scramble for survivors with 180 dead in Colombia earthquake

by The Editor
August 12 2026
0

...

Trump hides in catering truck to evade alleged Iran threat

Trump hides in catering truck to evade alleged Iran threat

by The Editor
August 11 2026
0

...

EU denies pulling out of Nigeria’s 2027 election observation

EU denies pulling out of Nigeria’s 2027 election observation

by The Editor
August 10 2026
0

...

Queen Elizabeth dies at 96, Charles becomes King

UK radio broke rules in announcing king’s death — Official

by The Editor
August 10 2026
0

...

State of the States

Lagos leads January 2026 FAAC allocations with N55.83bn

Sanwo-Olu inducts 1,000 as Lagos internship beneficiaries hit 8,000

by The Editor
August 13 2026
0

...

Gov. Adeleke deposes Oba Joseph Oloyede, Apetu of Ipetumodu

Gov. Adeleke declares Friday work-free day for Osun workers

by The Editor
August 12 2026
0

...

Why Kano govt spent N1.5bn on mass wedding – Gov. Yusuf

Why Kano govt spent N1.5bn on mass wedding – Gov. Yusuf

by The Editor
August 10 2026
0

...

Kebbi governor convenes emergency security meeting

Kebbi governor convenes emergency security meeting

by The Editor
August 6 2026
0

...

Plugin Install : Widget Tab Post needs JNews - View Counter to be installed
  • Trending
  • Comments
  • Latest
Time to clampdown on sexual offenders – The Guardian

Edo records over 70 minors’ defilement cases in seven months

August 13 2026
Nigerian airlines to commence direct flights to UAE

NCAA to sanction airlines preventing workers’ union

August 13 2026
Osimhen ends transfer saga with Galatasaray loan move

Arsenal open Osimhen talks with Galatasaray

August 13 2026
Seyi Makinde picks former DSS DG as APM presidential running mate

Seyi Makinde picks former DSS DG as APM presidential running mate

August 13 2026

EDITORIAL REVIEW

Stop recruiting youths for election violence – Punch

Stop recruiting youths for election violence – Punch

by The Editor
August 12 2026
0

‘Fake’ Agency: Adeyemi insists DG appointment genuine

Country of ghost workers, ghost MDAs – Punch

by The Editor
August 11 2026
0

FG embarks on expansion, decongestion of custodial centres

Prison reform can’t wait any longer – Punch

by The Editor
August 9 2026
0

Osun’s toxic election buildup – Punch

Osun’s toxic election buildup – Punch

by The Editor
August 7 2026
0

We need strong civil aviation authority – Punch

We need strong civil aviation authority – Punch

by The Editor
August 6 2026
0

Opinion

Airtime credit dispute and need for clarity

Airtime credit dispute and need for clarity

by The Editor
August 5 2026
0

...

Tinubu swears in four Permanent Secretaries, INEC commissioner

Tinubu: The Audacity to Hope – Three years after

by The Editor
July 31 2026
0

...

Remi Tinubu under fire over akara, roasted corn remarks

Beyond ‘akara’ leadership

by The Editor
July 6 2026
0

...

Trump’s U-turn on Iran war ends Israel’s Middle East dream

Trump’s U-turn on Iran war ends Israel’s Middle East dream

by The Editor
June 17 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.