There is a high octane distillation of apprehension as the Kwara State High Court is set to deliver ruling on the litigation filed by Ex-Ilorin Nigerian Bar Association (NBA)’s scribe, Sulyman Abaya, against the Economic and Financial Crimes Commission (EFCC), on Friday, 1st November, 2019.
The judgement is coming following a fraud accusation levelled against Sulyman Abaga by the Ilorin zonal office of the EFCC.
Abaya, was alleged to have defrauded one Pastor Adetunji Adedoyin of his property worth N20million, thus coercing him to bear placard which has inscription of alleged criminal conspiracy, forgery and obtaining money by false pretence
Sequel to this, Abaya, who was one time General Secretary of the Ilorin bar, slammed the anti-graft agency with a lawsuit for defamation of character as a result demanding Nbillion in compensation and a public apology.
At the last sitting, the trial judge, Justice Hammed Gegele, after the submission of the two parties, postponed judgement indefinitely as the development has unceasedly raised concerns and tensions especially among the contending parties.
The Senior Advocate of Nigeria, Joseph Bamigboye, counsel to the claimant was in the company of 37 legal luminaries from both the official bar and private chambers.
Bamigboye has apprised the court that the action of the Ilorin zonal office of the EFCC was extrajudicial, saying the claimant was arrested and detained in the anti-graft agency’s office without recourse to fundamental human rights.
According to him, Section 22 (1) of the Administration of Criminal Justice Law, Kwara State, 2019 makes it clear the ingredients of a valid arrest and detention, maintaining that the procedures were not followed.
He said, paragraph 7 of the originating summons stated that the law was not complied with.
Bamigboye noted that the action of the EFCC had already convicted his colleague in the public opinion without being tried in the court of law saying such, violated the presumption of suspect’s innocence as stated in law.
The SAN also revealed that the photographs of Abaya bearing placard that had inscription of the alleged offences were uploaded on internet, affirming that such development was not in line with constitution.
He posited that the Commission’s action has defamed his client as a father, lawyer and as an individual.
To his dismay, Bamigboye stressed that the document the commission claimed his client forged was not shown to him nor presented to court as proof.
He said the court should have been provided with copies of the document his client allegedly forged in order to prove the forgery case against him.
In his response, the EFCC counsel, Andrew Akoja, urged the court to strike out the submission of Bamigboye on the basis that the EFCC operations are guided by law.
Akoja informed the court that the idea of uploading suspect’s photograph on internet is applicable even in the international setting.
He further added that Abaya should detach his person from his profession, adding that he’s not above the law even as a legal practitioner.
“What the applicant seeks is perpetual injunction, but he has been granted bail and he’s enjoying it. He was granted bail within the time prescribed by law,” the EFCC counsel said.
Justice Hammed Gegele, after adopting arguments of the two parties, adjourned the case for judgement, revealing that date will be communicated to them.
Abaya, had during a press conference held at the Ilorin NBA house, recently disclosed that he was coerced at gun point by no fewer than two police officers at the anti-graft agency’s office to carry placard despite his effort to avert it.
The lawyer added that he was out muscled by the EFCC policemen after standing against the act for more than one hour.
He further said that his photograph was uploaded on the commission’s social media page immediately it was taken, saying the action has violated his fundamental human rights of being heard in the court of law over the N20million fraud allegation.