Delivering judgment over a case of Fundamental Human Rights violation between EFCC and Senator Nyako, Justice Kolawole said that the arrest was unlawful, the allegation was false and that Senator Nyako’s detention was illegal. The Judge further stated that declaring him “Wanted” by the EFCC without committing any offence amounted to a breach of his Fundamental Human Rights. He added that the EFCC acted without a court order, which also amounted to Judicial Fiat that was unpardonable, and that the Commission has ascribed unnecessary powers to itself beyond the Act establishing it.
Justice Kolawole also observed that Senator Nyako was not an official of the Adamawa State Government nor was he a signatory of any official document or bank account of Adamawa State, yet the EFCC had arrested and accused him falsely without evidence or following due process. He said that it was a conspiracy between the EFCC and others to tarnish the image of the Senator and this amounts to Defamation of Character.
The Judge also observed that all businesses and personal accounts including Pension Accounts belonging to Senator Nyako were wrongly frozen by the EFCC for over two years without any court order, which he described as wrong and unjust.
Consequently, the Judge ruled that for libel, wrongful arrest and defamation of Character of Senator Nyako, the Commission should pay the total sum of N12.5million Naira with immediate effect to the Senator. He also ordered that the Commission should unfreeze all his accounts immediately.