Abdulazeez Abdulwahab
THE Independent Corrupt Practices And Other Related Offences Commission (ICPC) has expressed its dissatisfaction with the ruling of a Federal High Court, Abuja on the civil rights claim filed by the former Registrar of the Joint Admission and Matriculation Board (JAMB) Prof. Dibu Ojerinde.
The court, presided over by Justice Obiora Egwuatu had fined the Commission N1 million in damages and cost of N200,000 respectively for the arrest and detention of Prof Dibu Ojerinde over alleged corrupt practices.
A release by the Commission says it intends to appeal the ruling of the court.
The Commission insists it had a valid warrant issued by the Chief Judge of the Federal High Court dated 6th December 2022.
In the substantive suit, the Commission alleges that Prof. Ojerinde used several false names, aliases and forged means of identification such as Akanbi Lamidi, Adeniyi Banji, Habibulahi Lamidi, Joshua Olaniran Olakuleyin, etc to perpetrate his alleged corrupt practices through various bank accounts and still retains the resources and influence to evade justice.
“The Commission remains undaunted and will continue to discharge its responsibilities with diligence and professionalism”, the release stated.
Justice Egwuatu, while delivering his ruling on 27 June 2023 held that it was undisputed that there was a pending charge against the ex-JAMB boss bordering on conspiracy to sell, sale of forfeited property, and multiple identity cards with different names against Ojerinde.
He, however, held that Ojerinde is presumed innocent until he has been proven guilty.
He held that although there was a fresh charge against the professor and his arraignment before a sister court was thwarted because of the court vacation and non-sitting of court, detaining him without an order of detention for the duration of custody was a violation of his fundamental rights.
More so, the justice held that though the rearrest of the ex-JAMB boss on 26 January was lawful based on the search warrant obtained from the Chief Judge of the court, the anti-graft Commission ought to have obtained a detention warrant since Ojerinde would not be immediately arraigned.
Following the above, he declared that Ojerinde’s continued detention was unlawful, illegal and a breach of his right to liberty.
He, therefore, ordered that the embattled former JAMB registrar be released or arraigned immediately.
However, the court held that the applicant had been unable to prove that his right to dignity of person was breached by the ICPC, as he failed to prove that he was either tortured or brought into forced slavery, among others.
Justice Egwuatu, who ordered the ICPC to pay the sum of N1 million as damages for the breach of his fundamental right to liberty, directed the Commission to pay him N200,000 as the cost of the suit. He, however, did not grant the other reliefs sought.
Ojerinde, in the suit, marked: FHC/ABJ/CS/179/2023 filed before Justice Egwuatu, had sought an order to enforce his fundamental rights, following his re-arrest on 26 January within the court premises and his subsequent detention.
The applicant sought an order of perpetual injunction restraining the anti-graft agency and its officers from arresting or detaining him on account of the suit for which he was facing a criminal charge or filing an amended charge.
Among others, he also sought an order directing the Commission to pay him the sum of N500 million only, as exemplary damages for the breach of his rights to personal liberty, freedom of movement, the dignity of the human person and the presumption of innocence as enshrined in the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
The ICPC had dragged the ex-JAMB boss before Justice Egwuatu in an 18-count money-laundering suit. He was accused of diverting public funds to the tune of N5 billion.
Ojerinde was, however, re-arrested on 26 January by the operatives of the anti-graft commission while he was heading to his car with one of his sons after Justice Egwuatu adjourned further proceedings in the charge preferred against him.
Eighteen-Eleven Media