Court to deliver judgement over Ex-Ilorin NBA  Scribe’s alleged brutality by EFCC tomorrow

There seems to be tension in the air as the Kwara State High Court
will deliver judgement in the suit filed by ex-Ilorin Nigerian Bar
Association (NBA)’s scribe, Sulyman Abaya, against the Economic and
Financial Crimes Commission (EFCC), tomorrow.
The judgement is coming folowing the accusation of the Ilorin zonal
office of the EFCC against Abaya of defrauding one Pastor Adetunji
Adedoyin of his property valued at N20million, thereby forcing him to
carry placard which had inscription of “alleged criminal conspiracy,
forgery and obtaining money by false pretence.”
Sequel to this, Abaya, who served as General Secretary of the Ilorin
bar, sued the anti-graft agency for defamation of character, thereby
demanding N1billion compensation and a public apology.
At the last sitting, the trial judge, Justice Hammed Gegele, after the
submission of the two parties, reserved judgement indefinitely, the
development that has continued to generate concerns, especially among
the contending parties.
A Senior Advocate of Nigeria, Joseph Bamigboye, who represented the
claimant alongside no fewer than 37 lawyers from both the official bar
and private chambers, informed the court that the action of the Ilorin
zonal office of the EFCC was uncalled for and unconstitutional, saying
the claimant was arrested and detained in the anti-graft agency’s
office unduly.
According to him, Section 22 (1) of the Administration of Criminal
Justice Law, Kwara State, 2019 makes it clear the ingredients of a
valid arrest and detention, maintaining that the procedures were not
followed.
He said, paragraph 7 of the originating summons stated that the law
was not complied with.
Bamigboye noted that the action of the EFCC had already convicted his
colleague in the public opinion without being tried in the court of
law, saying such, violated the presumption of suspect’s innocence as
stated in law.
The SAN also noted that the photographs of Abaya bearing placard that
had inscription of the alleged offences were uploaded on internet,
saying such development was unconstitutional.
He posited that the Commission’s action has defamed his client as a
father, lawyer and as an individual.
To his dismay, Bamigboye stressed that the document the commission
claimed his client forged was not shown to him nor presented to court
as proof.
He said the court should have been availed copies of the document his
client allegedly forged in order to prove the forgery case against
him.
In his response, the EFCC counsel, Andrew Akoja, urged the court to
discountenance the submission of Bamigboye on the basis that the EFCC
operations are guided by law.
Akoja informed the court that the idea of uploading suspect’s
photograph on internet is applicable even in the international clime.
He added that Abaya should detach his person from his profession,
adding that he’s not above the law even as a legal practitioner.
“What the applicant seeks is perpetual injunction, but he has been
granted bail and he’s enjoying it. He was granted bail within the time
prescribed by law,” the EFCC counsel said.
Justice Hammed Gegele, after adopting arguments of the two parties,
adjourned the suit for judgement, noting that date will be
communicated to them.
Abaya, had during a press conference held at the Ilorin NBA house,
recently disclosed that he was coerced at gun point by no fewer than
two police officers at the anti-graft agency’s office to carry placard
despite his effort to avert it.
The lawyer added that he was overpowered by the EFCC policemen after
resisting and protesting against the act for more than one hour.
He  further said  that his photograph was uploaded on the commission’s
social media page immediately it was taken, saying the action is
against his fundamental human rights of being heard in the court of
law over the N20million fraud allegation.