The Federal High Court Abuja presided over by Justice Evoh Chukwu today adjourned judgement on a suit seeking to nullify the Act establishing the Econominc and Financial Crimes Commission (EFCC) for allegedly being in conflict with the Nigerian Constitution.

Justice Chukwu had scheduled to deliver judgment today but arrived court not feeling well. He heard only two cases and could no longer carry on. A new date is yet to be announced for the verdict on the case in which lawyer and activist Emeka Ugwuonye, Esquire, contends that there is a coflict 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.”

Victory for Ugwuonye would mean that all those so far tried and convicted under the EFCC Act will have their convictions upturned.
•Photo shows Emeka Ugwuonye.