The Federal High Court Abuja Division is expected to deliver ruling today in a suit seeking the nullification of the Act establishing the Economic and Financial Crimes Commission (EFCC) for allegedly being in conflict with the Nigerian Constitution.

In the suit, lawyer and activist Emeka Ugwuonye, Esquire, contends that there is a conflict between Section 27 of the EFCC Act and Section 35(2) of the Nigerian Constitution.

Section 27 of the EFFC Act, provides as follows:

“Where a person is arrested for committing an offence under this Act and he fails to answer any question, he commits an offence under this Act and is liable on conviction to imprisonment for a term of ten years.”

Section 35(2) of the Constitution provides as follows:

“Any person who is arrested or detained shall have the right to remain silent or avoid answering any question until after consultation with a legal practitioner or any other person of his own choice.”

Ugwuonye told News Express that he is looking forward to the judgment with optimism. He said: “Clearly, you can see there is a big conflict here. Which one should prevail? The Government wants the EFCC Act to prevail, but I want the Constitution to prevail. Today, the Court of Nigeria will decide who wins: I or the government? I am confident of victory. I will defeat the Government of Nigeria on this.”

On what led him to lodge the suit, Ugwuonye said: “In 2011, some corrupt Nigerian Government officials working with the EFCC detained me and tried to get information about my assets. Why would they do that at that time and in that manner? Simple! The EFCC officers will move fast to know your assets and money in your bank accounts because they want to know how much to ask you to pay them as bribe in order to be free. It is like telling a kidnapper how much you have in your bank account so he would know how much to ask for ransom. I couldn’t do that. I just couldn’t let them bully me. Now, the court will determine.”

On the implication of the court answering his prayers, Ugwuonye said: “If I win today, that means that they would lose the power to do this kind of thing. It also means that all those people they had tried and convicted under this law will have their convictions upturned. If those people are in prison, they would all be set free. So, I am fighting not just for me, but for many others who could not fight for themselves. My victory will be their victory, and your victory too. Nobody can try to bully you again under that bad law. It is a fight I am prepared to die for.”

•Photo shows the litigant, Emeka Ugwuonye.

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