Justice Mohammed Idris of a Federal High Court in Lagos on Friday struck out an application by a Senior Advocate of Nigeria (SAN), Godwin Obla, seeking enforcement of his rights against alleged unlawful detention by the Economic and Financial Crime Commission (EFCC).
The senior lawyer and a judge of a Federal High Court, Justice Rita Ofili-Ajumogobia are currently in custody of the anti-graft commission.
The EFCC had prepared a 30 counts charge on the duo and they are billed to be arraigned before a Lagos High Court over allegation of perversion of justice.
Obla was accused of bribing Ajumogobia with N5m to pervert the cause of justice in a matter before her. Following his detention the senior lawyer had through his lawyer, Mr. Ifedayo Adedipe (SAN) filed a suit demanding for N1 billion as damages.
Adedipe had argued that the action of the anti-graft agency, constituted an infringement on his client’s rights to personal liberty and ownership of property.
He had therefore, urged the court to issue an order, declaring Obla’s continued detention in custody has been unlawful and a gross infringement on his rights.
But while delivering his judgement, Justice Idris held that the fundamental right cannot in any way be construed as meaning an absolute right, since it can be curtailed.
He therefore struck out the suit.
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