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Home Law & Judiciary

Convicted fraudster loses fundamental rights suit against EFCC

Stephen Jombo by Stephen Jombo
July 5, 2022
in Law & Judiciary, News
Reading Time: 2 mins read
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By PAUL MICHAEL

Justice Sikiru Oyinloye of the Kwara State High Court in Ilorin dismissed a fundamental right suit brought by a convicted fraudster, Caleb Oyeyemi, against the Ilorin Zonal Command of the Economic and Financial Crimes Commission (EFCC The Trumpet gathered that the convicted fraudster, who is 21 and hails from Odo-Owa in Oke-Ero Local Government Area of Kwara State, was sometime last year prosecuted by the Ilorin Zonal Command of the EFCC before Justice Adenike Akinpelu of the State High Court in Ilorin over offences bordering on internet fraud.

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He specifically posed as a white lady, an online prostitute to scam one Wilson (a white man) to the tune of 100 US Dollars to offer him sex.

The court, on June 21, 2021, found him guilty and sentenced him to one-year imprisonment each on the two counts preferred against him, to run concurrently with the option of fine of N200,000 on each count. Upon conviction, Oyeyemi, through his counsel, A. T Smith, returned to court with a fundamental rights charge against the EFCC.

He claimed that moment after his sentencing by the court; he was forcefully bundled away by operatives of the commission in a gestapo manner and driven to the Ilorin Zonal Command Office of the agency, where he alleged that he was unlawfully detained for three hours.

The convicted fraudster also claimed that the operatives forcefully put placard on his chest with the inscription “Alleged Case of Internet Fraud”, which mug-shot was taken and uploaded on the commission’s website.

The applicant asked for order of court awarding N10million damages against the EFCC and cause the Commission to tender public apology for infringing on his fundamental rights.

The EFCC, in response through her counsel, Aliyu Adebayo, argued that the mug-shot in question was taken on March 16, 2020, and not on June 21, 2021, when the applicant was convicted.

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He also submitted that putting the picture of the applicant on the commission’s website after he was convicted did not constitute an abuse of the applicant’s fundamental rights, saying that the commission acted within the law. He urged the court to dismiss the application on the ground that the applicant was never arrested nor detained by the commission as alleged by the applicant.

Justice Oyinloye while agreeing with the submission of the respondent’s counsel, held that, from exhibit “C” presented by the applicant’s counsel, it was clear that the mug-shot which constituted the crux of the application was dated March 16, 2020, which was the day of the applicant’s arrest and not on the date he was convicted. The judge observed the use of unprintable and foul language by counsel to the applicant, A. T Smith, against the respondent’s counsel, in his affidavit and written address and frowned at it.

Finally, the judge considered the application as unmeritorious and “gold-digging” in nature, and accordingly dismissed it.

Tags: EFCCfundamental right suit
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