The Abuja Division of the Federal High Court has given the Economic and Financial Crimes Commission (EFCC) 10 days to arraign 160 suspects arrested over allegations bordering on internet fraud.

Justice James Omotosho gave the order following a fundamental rights enforcement suit and motion seeking bail for some of the detained suspects filed by their counsel, Ishaka Dikko (SAN).

Mr Dikko had, in the originating motion marked FHC/ABJ/CS/80/2025, sued the executive chairman of EFCC, Ola Olukoyede, and the commission as the first and second respondents.

In the suit filed on January 17, the senior lawyer listed Zhang Xiaowen, Liu Zhiwei, Chen Yeqiu, and Lan Shunbin, who are Chinese nationals, as the 1st to 4th applicants.

Other suspects are Abubakar Hassan, Igwe Ozioma, Gabriel Shimlumun, Abdulmuminu Usman, Olamide Olatoye Jeremiah Abele, Asule James, Bitrus Joseph, Odeh Abel, Jathan Jayock, Jackson Samson, Isiaq Olanrewaju, Adejor Isah, Salihu SSuleiman, and Joseph Ojoma.

Others are Tanko Isah, Omoyele Ebenezer, Olisakwe Chieme, Ohikwo Fatima Musa, Faith Agada, Opara Cynthia, Blessing Thomas, and Rachel Habila.

In the four reliefs, the counsel sought a court declaration that the applicants were entitled to their fundamental rights to dignity of the human person, personal liberty, and fair hearing.

Mr Dikko said these rights are enshrined in sections 34, 35, 36, 43, and 46 of the 1999 (as amended).

He sought a declaration that the detention and/or the continuous detention of the suspects beyond the constitutionally prescribed period for arrest or detention without an order of the court from January 9 to January 16 and beyond was illegal, unlawful, and contrary to their fundamental rights.

He also sought a declaration that the confiscation of the applicants’ international passport numbers E55480652, EL6128848, E91567245, and E99903655 from January 9 to January 16 without any court order is unlawful and contravenes particularly Sections 36, 43, and 44 of the 1999 Constitution.

Mr Dikko, therefore, sought an order directing the respondents jointly and/or severally to pay the applicants damages in the sum of N5 billion for the illegal detention from January 9 to January 16 and beyond.

In the affidavit deposed to by Swarlat Dajong, a litigation secretary in the law firm of M.I. Dikko and Associates, she averred that the first to fourth applicants are Chinese nationals who were in Nigeria on business visas.

She said while carrying out their business at Venus Spark Impact Media Ltd, the EFCC operatives raided the office at Plot No. 288, Mamman Kontagora Crescent at Katampe in Abuja.

Ms Dajong said the four Chinese nationals were arrested and detained alongside the 5th to 160th applicants from January 9 to January 16 and beyond against the constitutionally prescribed period for the detention of suspects without a court order.

According to her, the 5th to 160th applicants are Nigerian citizens and employees of Venus Spark Impact Media Ltd.

Mr Dikko, also in a motion on notice dated February 12 but filed February 13, sought an order of court admitting 16 suspects, including the four Chinese nationals, who had been in detention since their arrest, to bail.

The lawyer listed them as the first, second, third, fourth, seventh, ninth, 10th, 11th, 12th, 13th, 15th, 16th, 17th, 21st, 23rd, and 87th applicants, respectively.

In the affidavit in support of the motion equally deposed to by Ms Dajong, she averred that the suspects had spent more than 48 hours in EFCC’s custody.

She said by the remand order of the court on January 10 and January 24, respectively, which the EFCC attached to their counter affidavit, Ms Dajong said the order expired on January 31.

The litigation secretary said that despite its expiration, the 16 suspects had been further kept in the custody of the anti-graft agency from February 1 to date without any further order of any court or being charged before a court of competent jurisdiction for any criminal offence contrary to the provisions of the constitution.

She accused the commission of abusing the state apparatus, arguing that the EFCC ought to have concluded their investigation and taken necessary action.

She argued that the powers conferred on the EFCC to arrest and detain suspects did not extend to the detention of any suspect under the guise of investigation beyond the constitutionally prescribed period for detention of suspects without an order of court.

M.B. Baraya, who appeared for the EFCC, informed the court that the matter was adjourned for the hearing of the application for fundamental enforcement rights of the suspects.

Mr Omotosho queried the lawyer over the delay in arraigning the suspects.

“Why are you not arraigning them? I will give you seven days.

“I am going to make an order that you arraign them within seven days, and if you don’t, I will grant them bail,” the judge said.

Responding, Mr Baraya told the court that the agency’s investigating team was still in the matter.

Mr Dikko disagreed with Mr Bayara’s submission and said his clients had been in detention for over two months.

However, a senior lawyer from the EFCC, who was in court on another matter, Rotimi Oyedepo (SAN), intervened.

Mr Oyedepo said he was aware of their arrest and that their number was overwhelming.

He said the matter had also taken on an international dimension.

“Therefore, my lord, I am pleading for 14 days to do the needful,” he prayed.

Mr Dikko clarified that a number of the suspects had been granted administrative bail, and remaining the 16 applicants.

“I have condoned them for a while, and everyone is here for justice,” Mr Omotosho said.

The judge stated that intelligence ought to have been gotten ready before arrest.

“We cannot just arrest and start an investigation,” he added.

In a short ruling, Mr Omotosho consequently gave the EFCC 10 days to arraign the suspects or release those in detention.

“I have carefully gone through the application before this court, and in the interest of justice, I hereby order the prosecution to arraign the defendants within 10 days, public holidays inclusive, or release them,” he declared.

The judge adjourned the matter until March 4 for a hearing.

(NAN)