In a landmark decision, the Federal Capital Territory High Court has ordered the Economic and Financial Crimes Commission (EFCC) to pay businessman Emmanuel Yashim N1 million in damages. This ruling addresses the unlawful impoundment of Yashim's Mercedes Benz GLC 300, which has been held by the EFCC since November 22, 2022. The court's judgment, delivered by Justice Peter Kekemeke, highlights a significant breach of Yashim's fundamental rights, specifically his right to own property.
The lawsuit, filed under the case number CV/590/2022, saw Yashim's legal representative, Nwachukwu Ibegbu, advocating for not only the release of the impounded vehicle but also for monetary compensation for the prolonged breach of Yashim’s rights. Initially, the claim sought N10 million in damages, reflecting the severity and duration of the infringement by the EFCC.
During the proceedings, Ibegbu argued that the continued possession of the car by the EFCC without stating the offense or providing a legal basis for its detention amounted to a gross violation of constitutional rights. The court concurred, declaring that the EFCC's actions were unconstitutional and ordering the immediate release of the vehicle to its rightful owner.
Justice Kekemeke's ruling further emphasized the protection of individual rights against arbitrary state actions. He explicitly instructed that the EFCC, as well as its agents, privies, and servants, are restrained from further re-arresting or impounding the applicant’s vehicle except under a direct order from the court. This part of the judgment serves to protect the applicant from potential future harassment or legal overreach by the agency.
In addition to ordering the release of Yashim's vehicle, Justice Kekemeke awarded N1 million as compensation for the infringement of Yashim’s right to own property. This compensation is a tangible acknowledgment of the undue stress and infringement on personal freedoms that Yashim suffered.
This case marks a noteworthy instance of the judiciary stepping in to enforce the rule of law and uphold the fundamental rights of citizens against improper actions by government agencies. The decision not only secures justice for Emmanuel Yashim but also sets a precedent for the handling of similar cases in the future, reinforcing the principle that legal boundaries must be respected by all entities, including powerful law enforcement agencies like the EFCC.
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