*Rules That Lawyer Not Connected To The Investigation
*Says Its Absurd For Lawyers To Be Subjected To Invitations With Punitive Sanctions By Law Enforcement Due To Request From Fmr. Client To Liaise With The Lawyer
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A High Court of Justice, sitting in Benin City has ruled that the Economic and Financial Crimes Commission (EFCC) was in violation of relevant provisions of the constitution that provides for the Right to personal liberty, for demanding the presence of lawyer, K. O. Obamogie over fraud investigation of former client.
The case with the suit no: B/142M/2021, between K. O Obamogie Esq v. EFCC & Muhtar S. Bello, the applicant sought an order of the Court declaring the letter of invitation issued to him by the respondents as unconstitutional, null and void, an order setting aside the said letter and demanding the respondents to issue an apology.
Accompanying the application was a 17 paragraph affidavit, where the applicant alleged that the respondents had called his firm seeking their address, and subsequently a letter was given to them to deliver to one miss Princess Abiodun, General Manager SARNERPFM Resorts Ltd, a former client of Applicant’s firm.
Click here to download the judgment
The applicant replied the respondents firm that they were not a courier firm, and even though, they were no longer in contacts with Ms. Princess and as such couldn’t deliver the letter.
However, the respondents wrote back demanding that a counsel under the applicant’s firm, Miss Mercy Erhunmwun� who had signed the return to them make an appearance before their office at Benin City.
Upon making an appearance, the respondents told the lawyer that it was her principal they intended to speak with and then sent through her an invitation to the applicants to make appearance in their office.
The applicants argued that the invitation was a flagrant threat to his right to dignity of human person, fair hearing, personal liberty and privacy as enshrined in the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
In reply to the applicant’s claims, the respondents alleged that the invitation was in connection to the investigation of possible fraud committed by the Applicant’s former client who upon contact had ask the respondent to liaise with her lawyers, the applicant’s firm. They denied threatening the Applicant’s fundamental right.
The only issue raised before the Court for determination was, whether there was any threat to the fundamental rights of the Applicant.
In arguing his case, the applicant submitted that the actions of the respondents was flagrant breach of sections 34(1)(a), 35(1), 36(1) & (12) and 37 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), as well as an avalanche of case laws.
However, on the issue, the respondents’ counsel I. M Elodi Esq submitted that the actions of the 1st respondent were within its functions under the EFCC Act, 2004 and the Money Laundering Act, 2011.
Determining the issue before it, the Court held that indeed the 1st Respondent had the powers to invite a person for interrogation and should that invite be dishonored, would result to penalty.
However, the court held that in the instant case there was an abuse of this power and a consequent threat to the fundamental right of the applicant. The court reasoned that since the applicant was not connected to the investigation, the respondent would have refrained from inviting him again after he had returned their letter.
“Since the Applicant was not involved in the matter under investigation, I think the Respondents should have left him alone after he returned their letter to them.
“They cannot force a citizen to assist them in their investigation. That will be tantamount to an abuse of power.
“To the extent that the Respondents are insisting that the Applicant must appear personally at their office to assist them in their investigation, I think the Applicant is entitled to approach the Court to seek the protection of the Court to prevent any infringement of his fundamental right to personal liberty and the dignity of his person”, the court held.
The court went on further to hold that it was improper for the 1st respondent to have sent an invitation letter with an inherent threat of sanction to a Legal Practitioner simply because his erstwhile client who is now on the run, directed them to liaise with him.
The words of the Court read thus: “If lawyers are subjected to such invitations with inherent punitive sanctions for default, simply because their former clients have directed the law enforcement agents to liaise with them, I think legal practice will become extremely cumbersome and that will not augur well for both the legal profession and the society at large.”
In lieu of this, the court resolved the issue in favor of the applicant and as such granted the reliefs sought by the applicant and awarded 200,000 as to cost.
Click here to download the judgment
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