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Jonathan Shakarho,
a Justice of the Federal High Court, Ibadan, has awarded N10 million
damages against the Economic and Financial Crimes Commission (EFCC) for
attempting to forcefully seal off the private residence of former Ekiti
State governor, Ayodele Fayose.

Men of the
commission had created a scene at the former governor’s house on
September 29, 2010 when they were mobilised to forcefully eject the
occupants and seal it off.

It took the
resistance of some of Mr Fayose’s family members, who also reside in
the house located within the Government’s Reservation Area (GRA),
Iyaganku Quarters, Ibadan, to save the day.

The former Ekiti
State governor thereafter approached the court to seek redress and
enforcement of his fundamental human rights. He prayed the court for an
order confirming and enforcing his fundamental rights to fair hearing,
dignity of human person, liberty, private and family life and to own
immovable property; an order restraining the respondent from issuing
misleading press statements or publishing the picture of the house in
the media; N50 million damages and any other order the court may deem
fit.

EFCC was obeying orders

In an 18-paragraph
affidavit in support of the prayers, the applicant alleged that the
EFCC officials intruded in his family’s privacy and also published the
picture of the building in print media.

He also averred
that the EFCC’s attempt to seal off the building claiming it was an
order of the Federal High Court, Ikoyi was a lie. Mr Fayose said the
EFCC was acting the political vendetta script authored from the Ekiti
State government house through a letter dated September 20, 2010.

But the
commission, in a 16-paragraph counter affidavit, said it only acted on
the order given by Tijani Abubakar of Federal High Court, Ikoyi which
empowered it to seal off the premises.

According to the
EFCC, its office had been inundated with several petitions on Mr
Fayose’s alleged misdemeanour while still serving as the governor in
2005.

The allegations, it
added, have to do with abuse of office, money laundering, corrupt
practices and stealing of government funds especially money obtained
through Biological Concept Nigeria Limited.

The EFCC said it
was short of prosecuting the former governor because of the immunity he
enjoyed then as one Gbenga James and some other persons arraigned in
2006 over similar offences mentioned his name as accomplice, adding
that it later amended the charges to include his name after his
impeachment by the Ekiti State House of Assembly.

It further stated
that it had pasted the said order on Mr Fayose’s house immediately
after its issuance in 2006, together with the sealing notice, only for
the former governor to go behind and “unseal the properties, removed
the order and moved into them without the permission or authorisation
of the respondent of the Federal Government of Nigeria.”

The Judge’s verdict

In his judgement
delivered on Wednesday, Mr Shakarho posited that the commission must
take full responsibility of the wrongful act carried out by his men on
the day in question and ordered it to pay N10 million for damages.

According to him,
the act is tantamount to “malicious embarrassment” to the former
governor since there was no order of the court to forfeit his property
to the Federal Government.

He also gave an
order to restrain the commission, his agents, privies or anyone or
organisation acting on its behalf from further issuing “misleading
press statements, publishing pictures of the applicant’s residence and
or procuring the release of any misleading information in the print
media, in any manner.” The presiding judge equally restrained the EFCC
from sealing off the said property or from engaging in any manner of
infringement Mr Fayose’s fundamental and constitutional rights.