COURT ORDERS IMMEDIATE RETURN OF ASSETS OF OSITA OKEREKE

A Federal High Court in Abuja has ordered the EFCC to `immediately’ return to the former presidential candidate of the African Liberation Party, Osita Okereke, two of his seized utility vehicles.

They are Toyota Land Cruiser SUV with registration No. FE 03 ABJ and Toyota Hilux pickup with registration number FE O16 ABJ.

Delivering judgment yesterday in a suit brought by Okereke, Justice Elvis Chukwu held that the evidence before him showed that the vehicles were unlawfully confiscated.

Okereke, who is Chairman of the National Task Force on Illegal Importation, Smuggling of Goods, Small Arms, Ammunition and Light Weapons, also approached the court to challenge his arrest and detention by the commission. 

``I have gone through the arguments and evidence before me and I do find merit in some of the prayers made by the plaintiff.

``It is therefore ordered that the two cars of the National Chairman of the African Liberation Party (ALP) seized by EFCC since Jan. 24, 2013 be released to him immediately,’’ he said.

Chukwu held that EFCC failed woefully in court to establish that the two vehicles were products of fraud.

 ``Since no crime has been established against the plaintiff in respect of the two sized cars, there is no basis for their continued seizure especially without a court order,’’ he said.

The judge further held that ``from the totally of the defence put up by the EFCC, there is nowhere a point was made that the two cars were products of fraud committed by the plaintiff’’.

``There is no order of any court to back up the seizure of the two cars, hence, the owner should not be denied the right to own moveable properties,’’ Chukwu held.

However, the judge declined to declare the arrest unlawful, illegal and baseless as prayed by the plaintiff.

``The EFCC has power to arrest and seize properties of any Nigerian on reasonable suspicion of having committed a crime,’’ he said.

Okereke had dragged the anti-graft agency before the Federal High Court asking that his arrest and detention from Jan. 23 to Jan. 25 be declared illegal, unlawful and a breach of his fundamental right.

Mr Goddy Uche, counsel to the plaintiff, had asked the court to compel EFCC to pay him the sum of N5 million in damages for the embarrassment caused him by the EFCC action.

Challenging the relieves, Mr Andrew Akoja, counsel to the EFCC, asked the court to dismiss the case of the plaintiff on the ground that it had statutory power to arrest, detain and seize properties suspected to have been fraudulently acquired.

Akoja said that the commission did not violate the fundamental right of the plaintiff in any way and that ``he was granted administrative bail the day he was arrested but failed to meet the conditions.’’