The High Court of Edo State is set to hear a N600 million fundamental rights enforcement suit filed against the Economic and Financial Crimes Commission (EFCC) over allegations of unlawful arrest, detention, and invasion of property.
The case, brought by Uhunoma Osayi and Uhunoma Frank, accuses the EFCC of illegally arresting and detaining Osayi on January 29, 2025, at about 6:00 am, allegedly in place of Frank, whom the agency was reportedly searching for. According to court documents, Osayi has remained in detention at the EFCC Zonal Headquarters in Benin City since the arrest.
The applicants also claim that EFCC operatives unlawfully raided their residence on Upper Ekenwan Road, carting away personal belongings, including a Lexus RX350 with registration number BEN 575 MK and property title documents, without a court order.
However, the EFCC who are facing a legal battle over allegations of unlawful arrest, illegal detention, and the unauthorized seizure of private property belonging to two individuals Uhunoma Osayi, a fashion designer, and Uhunoma Frank, a businessman based abroad.
According to court documents, EFCC operatives reportedly stormed his home without a court order, forcefully taking him into custody. His lawyers argue that he has since been held at the EFCC Benin Zonal Office without formal charges, a violation of his constitutional rights.
The legal team representing Osayi and Frank contends that Osayi’s arrest and prolonged detention were reckless and unjustifiable. They argue that the charges against him are baseless and that his continued imprisonment amounts to a clear violation of his fundamental human rights, as enshrined in Section 35 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
“My Lord, the applicants were arrested without justification and for no just cause,” the court filing states. “The prosecution of the applicant was completely without reasonable and probable cause, and the detention was malicious.”
Citing Balogun v Amubikahun (1999) 3 NWLR (Pt 107) 18, the applicants’ lawyers assert that Osayi was never informed of any specific charges, nor was he granted access to legal representation. They argue that his continued detention is an abuse of power by the EFCC, particularly as he has not been formally arraigned before a competent court of law.
A formal petition has been submitted to the EFCC’s Zonal Director in Benin City, demanding that Osayi be either charged to court or granted bail immediately. In the letter, the legal team warned that if the commission fails to act, they will have no choice but to escalate the matter legally.
The second applicant, Uhunoma Frank, alleges that in addition to unlawfully arresting Osayi, EFCC operatives also seized his Lexus car (Reg. No. BEN 575 MK) and title documents without any lawful justification. Frank, a successful businessman residing outside Nigeria, argues that the actions of the EFCC amount to a gross violation of his constitutional right to own and enjoy private property without unlawful interference.
By citing Sections 43 and 44 of the Nigerian Constitution, Frank’s legal team maintains that the EFCC had no legal basis for confiscating his belongings. “Every person in Nigeria has a right to acquire and own movable and immovable property anywhere in the country,” the legal argument states. “The court frowns upon any manifestation of arbitrary power used by any authority over the life or property of another.”
The lawyers further argue that the EFCC’s actions were an abuse of power, stating that the agency had no probable cause to seize Frank’s assets. They describe the operation as an arbitrary and malicious exercise of authority designed to intimidate and harass the applicants.
The applicants are seeking legal redress, asking the court to:
– Declare Osayi’s arrest, detention, and imprisonment unlawful.
– Order the EFCC to release him immediately or formally charge him before a court.
– Declare the seizure of Frank’s property illegal and order its immediate return.
– Award compensation to the applicants for the violation of their fundamental human rights.
Legal analysts say this case could have far-reaching implications on the EFCC’s operations, particularly regarding its powers of arrest and property seizure. If the court rules in favor of the applicants, it could reinforce the constitutional limits on law enforcement agencies and serve as a precedent for future human rights cases in Nigeria.
As of now, the EFCC has not issued an official statement on the matter. The case is expected to generate significant public interest as it progresses through the judicial system.
