Alleged Internet Fraudsters’ Lawsuit Against EFCC Dismissed
The Federal High Court in Abuja delivered a decisive ruling on Thursday, dismissing a ₦5 billion lawsuit filed by 110 individuals, including four Chinese nationals, against the Economic and Financial Crimes Commission (EFCC). The lawsuit, centered on alleged violations of fundamental human rights during their detention, stemmed from the applicants’ arrest on January 9 in Abuja’s Katampe District on suspicion of internet fraud. Justice James Omotosho, presiding over the case, meticulously examined the arguments presented by both sides before concluding that the applicants failed to substantiate their claims of unlawful detention.
The applicants, a diverse group encompassing both Nigerian and Chinese citizens, were apprehended based on intelligence reports indicating their involvement in fraudulent online activities, particularly a cryptocurrency scheme targeting victims in the United Kingdom. The EFCC alleged that the Chinese nationals orchestrated the operation within Nigeria, employing local recruits and utilizing virtual private networks (VPNs) to mask their digital footprints while posing as hoteliers to defraud unsuspecting individuals abroad. Following their arrest, the group, represented by a legal team led by Ishaka Dikko (SAN), initiated legal proceedings to assert their fundamental rights, claiming violations of their rights to dignity, personal liberty, and fair hearing as guaranteed under the 1999 Constitution.
Central to the applicants’ argument was the contention that their detention from January 9 to 16 exceeded the constitutionally permissible timeframe, rendering it unlawful. They sought substantial damages of ₦5 billion and demanded the return of their seized international passports, asserting that the seizure infringed upon their constitutional rights. The applicants’ lawyer further argued that the EFCC’s remand orders, obtained on January 10 and subsequently renewed on January 24, lacked legal basis and were improperly executed.
However, Justice Omotosho meticulously addressed each of the applicants’ claims, ultimately finding them without merit. The judge upheld the legality of the remand orders, emphasizing the gravity of the allegations against the applicants, particularly the potential threat to national security posed by their alleged activities. He further noted that the EFCC’s offer of administrative bail demonstrated a lack of intent to indefinitely detain the applicants, placing the responsibility for their continued detention on their inability to fulfill the bail conditions. This aspect of the ruling underscores the principle that law enforcement agencies cannot be held accountable for a detainee’s failure to meet the requirements for release on bail.
Furthermore, Justice Omotosho emphasized the importance of balancing individual rights with the broader imperative of national security, particularly in cases involving alleged cybercrime with international ramifications. He acknowledged the seriousness of the accusations against the applicants, which involved not only financial fraud but also the potential compromise of sensitive information and cross-border criminal operations. This context, according to the judge, justified the initial detention and subsequent investigative procedures undertaken by the EFCC. He underscored the agency’s role in safeguarding national interests and combating criminal activities that could have significant economic and security implications.
In dismissing the fundamental rights enforcement suit, Justice Omotosho urged the applicants to address the substantial allegations against them, reiterating the gravity of the accusations and their potential impact on national security. This call for accountability underscores the court’s recognition of the need to prioritize the investigation and prosecution of alleged criminal activities, even while upholding the fundamental rights of individuals. The ruling effectively shifts the focus back to the underlying allegations of internet fraud, requiring the applicants to engage with the legal process and respond to the charges brought against them by the EFCC. This ensures that the pursuit of justice remains paramount while safeguarding the principles of due process and fair hearing.
