Court restrains EFCC from arresting Batagarawa, former defence minister
A Federal Capital Territory (FCT), High Court on Tuesday issued an interim order restraining the Economic and Financial Crimes Commission (EFCC), from arresting former defence minister Lawal Batagarawa over a land dispute.
Justice Yusuf Halilu, who issued the order, also barred the EFCC from inviting, harassing, intimidating or threatening Batagarawa pending further proceedings.
The orders followed allegations that Batagarawa had been subjected to undue harassment by the anti-graft agency.
Halilu further granted an order for substituted service of the originating process and other legal documents on EFCC.
He added that other respondents be delivered the summons at the commission’s office located at Plot 301/302, Institution and Research Cadastral District, Jabi, Abuja.
The case, marked CV/4123/2024, lists the EFCC, Sanusi Mohammed (Head, Bank Fraud Section), Umar Imran (Investigating Police Officer), Patrick Ineke, and the Attorney-General of the Federation (AGF) as the 1st to 5th respondents, respectively.
Counsel to Batagarawa, Jerry Aondo, SAN initiated the application citing a series of actions by the EFCC that amounted to harassment and intimidation over a disputed plot of land.
In an affidavit dated Sept. 20, 2024, Batagarawa detailed various instances of harassment, including his detention at the EFCC’s office on Aug.19 and Aug. 20, 2024, from 10 a.m. to 7 p.m., before being released on administrative bail.
He also alleged that he had been subjected to repeated summons and harassing phone calls from EFCC agents.
According to Batagarawa, the EFCC’s actions were based on false allegations orchestrated by the 4th respondent, Patrick Ineke, and his legal representatives, who claim ownership of the disputed plot of land.
The claim was allegedly based on a supposed transaction between Ineke, a deceased Mrs. Allah, and one Wilson Osuagwu, who had served as Batagarawa’s orderly in 2001 during his tenure as Minister of Defence.
In his affidavit, Batagarawa categorically refuted these claims, stating that the land in question had been allocated to his company, Lamda Beta Investment Limited, by the Federal Capital Development Authority (FCDA), in 2001.
In his affidavit, he provided evidence of payments made for the right of occupancy and other fees, amounting to N3,050,683.33, through Intercity Bank PLC on June 16, 2001.
Meanwhile, the case is adjourned until Oct. 31, 2024, for the hearing of the substantive motion on the enforcement of Batagarawa’s fundamental human rights.
