A High Court of the Federal Capital Territory (FCT) in Maitama, Abuja has ordered the Economic and Financial Crimes Commission (EFCC) to release detained former Chairman of Skye Bank Plc, Tunde Ayeni.
Justice Yusuf Halilu, in a ruling, set aside an earlier order of the court allowing the EFCC to detain Ayeni for 14 days for the purpose of investigation.
Justice Halilu upheld the argument by lawyer to Ayeni, Ahmed Raji (SAN) to the effect that the EFCC suppressed facts which misled the court into granting the earlier the application, thereby, making the detention illegal.
The judge ordered the EFCC to immediately released Ayeni, who is said to have been arrested since February 6 this year.
Justice Halilu held that, with the submissions of lawyers to both sides, it was clear that the respondent suppressed fact when it came to ask for a remand order.
The judge noted that the respondent did not attach the fresh petition it claimed was written against the applicant, but rather attached a petition sent from the office of the Vice President .
Justice Halilu equally noted that the respondent did not inform the court that the Commission had granted the applicant an administrative bail and also that the applicant also standing trial before the Federal High Court and since been admitted to bail.
The judge noted that the court was not aware of all the fact presented by the applicant and which the respondent could not deny.
He added: “”Having considered all the facts before the court, it is clear that the respondent suppressed facts to mislead the court. If indeed there is a fresh petition against the applicant, and a pending matter is before the Federal High Court, the respondent need not a remand order, but to apply to amend the charge in which it is prosecuting the applicant.
“By coming for a remand order, the respondent had come to tamper with the sacred right of the applicant, which he enjoys. I wonder why the respondent do not attach the fresh petition it claimed it received. What I have before me is a petition written by the Office of the Vice President”.
“On this note, I hereby set aside the earlier remand order and order the immediate release of the applicant”.
The ruling by Justice Halilu was on a fundamental rights enforcement application filed and argued for Ayeni, by Raji.
