A cousin to former President Goodluck Jonathan has sued the
Nigerian government over his continued detention and the government’s
refusal to charge him to court.
Robert Azibaola, a Niger-Delta activist, on Wednesday filed a suit
before the Federal High Court, Lagos, challenging his detention by the
Economic and Financial Crimes Commission.
Joined in the suit as respondents are the EFCC, the Attorney General of the Federation, and the Federal Republic of Nigeria.
Mr. Azibaola has been in EFCC custody since March 23, after he was
invited for questioning over a $40 million pipeline contract reportedly
awarded by the Office of National Security Adviser, headed by Sambo
Dasuki.
Mr. Dasuki is currently facing prosecution at a federal court.
In his suit, filed through the law firm of Ebun-Olu Adegboruwa, Mr.
Azibaola is asking the court to stop the federal government and the EFCC
from applying for any new remand warrant against him from any court in
Nigeria.
The applicant said the EFCC had established a pattern of using remand warrants to keep him in custody indefinitely.
He is also asking the court to hold that sections 293 and 294 of the
Administration of Criminal Justice Act, which the EFCC is relying on to
secure remand orders from Magistrate Courts were designed to deal with
criminal offences attracting capital punishment, such as murder, armed
robbery, kidnapping or treasonable felony.
Mr. Azibaola is seeking the court to hold that the attempt by the
EFCC to force him to implicate Mr. Jonathan, is contrary to section 7 of
the Administration of Criminal Justice Act, which has outlawed the
practice of arresting a citizen as ransom for the alleged offense of
another citizen.
The applicant claimed, in the suit, that he was commissioned by the
federal government to execute an assignment “to navigate the Niger Delta
to network with all stakeholders for the purpose of preventing oil
pipelines vandalism, oil bunkering and crude oil theft”.
“The assignment was duly executed upon payment,” he stated.
“Robert is claiming that under section 8 of the Administration of
Criminal Justice Act, he should not be arrested or prosecuted for any
civil contract or transaction.
“He thus contends that he is being persecuted purely on account of
his blood relationship with ex-president Goodluck Jonathan and this
wants the court to order his immediate release or that he should be
charged to court for any offence against him.”
Mr. Robert also alleged that there are plans to keep transferring him
from one state to another, upon the expiration of any particular remand
warrant in one State, so as to renew such remand warrant in another and
this keep him in custody indefinitely.
