The Federal High Court in Lagos has declared the arrest of a businessman, Dickson Nonso Onuchukwu, by the Economic and Financial Crimes Commission (EFCC) unlawful, illegal, oppressive and unconstitutional.

Justice Akintayo Aluko held that the plaintiff’s harassment, arrest and detention were a violation of his rights to dignity of human persons, personal liberty and freedom of movement.

Onuchukwu had in suit FHC/L/CS/679/2018 filed by his lawyer, Anthony Omaghomi, sued the EFCC, Inspector-General of Police (IG) and the Lagos Commissioner of Police to court for alleged defamation of character, harassment and unlawful detention.

The businessman, who had been arrested several times by the security agencies, was also paraded by the EFCC together with one Augustine Emenike and a Russian, Max Lobaty as the faces behind Swiss Golden International Company.

The commission, which described the online gold networking business as a Ponzi scheme, had declared on all its social media handles that the sum of N216 million was recovered from the company following petitions by some Kano residents that they were scammed of their money.

Determined to clear his name of any wrongdoing, Onuchukwu, who was first arrested by the EFCC in November at his office (Swiss Golden Africa) in Ikeja, told the court that he provided documentary evidence to the EFCC that he was not an affiliate of Swiss Golden International.

He told the court that he was also a customer like those complaining that they were defrauded, adding that the difference was that he took the business seriously and had been networking, growing in it.

Onuchukwu also prayed the court to award N1billion damages against the respondents.

Justice Aluko held that the EFCC (first respondent) acted illegally and violated the fundamental right of the Applicant when it arrested and detained him based on the petitions which were not written against the applicant and where no complaint was lodged against him.

The court ordered EFCC to pay the applicant N5 million while the IGP and Police oommissioner were to pay N2 million to the applicant. (The Nation)

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