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

NDLEA intercepts Europe-bound cocaine consignments
Financial Crimes

NDLEA secures 974 drug convictions

April 18 2026
Financial Crimes

El-Rufai gets bail, court adjourns to April 21

April 14 2026
Immigration boss suspends Lagos-Seme border commanders over extortion allegations
Financial Crimes

Immigration boss suspends Lagos-Seme border commanders over extortion allegations

April 10 2026
EFCC debunks ‘wanted’ poster of comedian Sabinus
Financial Crimes

EFCC debunks ‘wanted’ poster of comedian Sabinus

April 9 2026
NDLEA nabs Lagos pastor, wife with illicit drugs
Financial Crimes

NDLEA nabs Lagos pastor, wife with illicit drugs

April 8 2026
EFCC moves to seize 57 Malami-linked properties
Financial Crimes

EFCC moves to seize 57 Malami-linked properties

April 3 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

Police launch manhunt for killers of Imo traditional ruler

Police launch manhunt for killers of Imo traditional ruler

by The Editor
April 11 2026
0

...

Lassa fever deaths rise in Nigeria

Lassa fever deaths rise in Nigeria

by The Editor
April 9 2026
0

...

Oyo govt installs Sen Alli, two Ibadan High Chiefs as monarchs in absentia

Oyo govt installs Sen Alli, two Ibadan High Chiefs as monarchs in absentia

by The Editor
April 3 2026
0

...

Abia traditional rulers endorse Gov. Otti for second term

Abia traditional rulers endorse Gov. Otti for second term

by The Editor
March 25 2026
0

...

APPOINTMENTS

416 nurses, midwives get automatic appointments in Yobe

416 nurses, midwives get automatic appointments in Yobe

by The Editor
April 8 2026
0

...

Tinubu renews Bugaje’s appointment as NBTE boss

Tinubu renews Bugaje’s appointment as NBTE boss

by The Editor
April 2 2026
0

...

Kwara governor congratulates new CAF General Secretary

Kwara governor congratulates new CAF General Secretary

by The Editor
April 1 2026
0

...

Senate confirms Magnus Abe as NUPRC board chairman

Senate confirms Magnus Abe as NUPRC board chairman

by The Editor
March 31 2026
0

...

ODDITIES

Bwala, Hasan and the art of the political interview

I had throat surgery after Al Jazeera interview – Daniel Bwala

by The Editor
April 11 2026
0

Robbers cut off teacher’s hand in Kano

Robbers cut off teacher’s hand in Kano

by The Editor
April 9 2026
0

Cross River actor dies after cannon malfunction at rehearsal

Cross River actor dies after cannon malfunction at rehearsal

by The Editor
April 9 2026
0

GLOBAL NEWS

Iran warns US military vessels, others to avoid Strait of Hormuz

Iran military command closes Strait of Hormuz again

by The Editor
April 18 2026
0

...

Trump threatens to end Iran ceasefire if no deal by Wednesday

Trump threatens to end Iran ceasefire if no deal by Wednesday

by The Editor
April 18 2026
0

...

Italy suspends defence agreement with Israel as Lebanon attacks stoke tensions

Italy suspends defence agreement with Israel as Lebanon attacks stoke tensions

by The Editor
April 14 2026
0

...

Ghanaians pray daily for Nigeria’s success, says Pres. Mahama

Ghanaians pray daily for Nigeria’s success, says Pres. Mahama

by The Editor
April 14 2026
0

...

Benin Republic elects 49-year-old Wadagni as new president

Benin Republic elects 49-year-old Wadagni as new president

by The Editor
April 14 2026
0

...

State of the States

Delta govt urges youths to join Army

Delta govt urges youths to join Army

by The Editor
April 11 2026
0

...

21,452 applicants jostle for 1,000 rural teaching Jobs in Nasarawa

21,452 applicants jostle for 1,000 rural teaching Jobs in Nasarawa

by The Editor
April 10 2026
0

...

Police begin statewide offensive after deadly Kebbi attacks

Police begin statewide offensive after deadly Kebbi attacks

by The Editor
April 10 2026
0

...

Edo deputy governor’s mother dies at 95

Edo deputy governor’s mother dies at 95

by The Editor
April 8 2026
0

...

Plugin Install : Widget Tab Post needs JNews - View Counter to be installed
  • Trending
  • Comments
  • Latest
Shell/NNPC, partners, delivers Landmark Geosciences Centre of Excellence at UNILAG

Shell/NNPC, partners, delivers Landmark Geosciences Centre of Excellence at UNILAG

April 18 2026
African Refiners & Distributors: Forging the way forward to deliver a unique, sustainable African downstream energy Transition and Finance Plan

ARDA 20th Annual Conference: Energy security tops bill as African oil refiners resolve robust defences against int’l market fluctuations

April 18 2026
APC kicks as Atiku tags Tinubu’s economic policy prescriptions shambolic

Atiku slams Tinubu over rising, ‘unbearable’ cost of living

April 18 2026
FG budgets N135bn for 2027 election lawsuits

Nigeria not a poor country, says Presidency

April 18 2026

EDITORIAL REVIEW

Curfew in Abuja today for LG council elections

Hidden cost of elections – Punch

by The Editor
April 17 2026
0

Oil prices jump back toward $100 on Mideast ceasefire doubts

As Nigeria moves away from oil dependency – Punch

by The Editor
April 13 2026
0

Easter gets bloodier – Punch

Easter gets bloodier – Punch

by The Editor
April 12 2026
0

Security chiefs’ discordant tunes – Punch

Security chiefs’ discordant tunes – Punch

by The Editor
April 10 2026
0

NASS: Withdraw MDPA amendment bill – Punch

NASS: Withdraw MDPA amendment bill – Punch

by The Editor
April 9 2026
0

Opinion

Even INEC admonishes the media?

Even INEC admonishes the media?

by The Editor
April 12 2026
0

...

Enugu: Gov Mbah presents N521.5bn budget for 2024

Mbah: From contested mandate to constructive governance in Enugu

by The Editor
April 9 2026
0

...

Tinubu finds his own demons

How will Tinubu campaign in Plateau State?

by The Editor
April 9 2026
0

...

Bwala, Hasan and the art of the political interview

Bwala, Hasan and the art of the political interview

by The Editor
April 6 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.