A Federal High Court of Appeal presided by Justice Gabriel Kolawale in Abuja vindicated Senator Abdulaziz Nyako over an unlawful arrest and detention by Economy and Financial Crime Commission (EFCC) and ordered the payment of 12.5m with immediate effect to him.
In the judgment, he ruled that EFFC should tender an unreserved apology to Senator Abdul-Aziz Murtala Nyako for unlawful arrest, intimidation, assault, defamation of character, illegal freezing of accounts which included pension account and detention for five days without any reason or court order.
According to the Court Judgment EFCC has infringed and violated on the Fundamental Human Rights of Nyako.
” The arrest was unlawful, the allegation was false and that Senator Nyako’s detention was illegal,to declared him wanted by EFCC without committing any offense amounted to a breach of his Fundamental Human Rights”. He said
Justice Kolawale berated the commission for ascribing unnecessary powers to itself beyond the Act establishing it, it therefore committed an unpardonable offense to Nyako where they acted without a court order resulting to Executive fiat.
He also observed that Senator Nyako was not an official of the Adamawa State Government nor was he a signatory of any official document or bank account of Adamawa State, yet the EFCC had arrested and accused him falsely without evidence or following due process.
Also in the Judgment he ordered all businesses and personal accounts including Pension Accounts belonging to Senator Nyako which were wrongly frozen by EFCC for over two years without any court order should be immediately unfreeze.