Before Their Lordships
OLUKAYODE ARIWOOLA, Justice of the Supreme Court of Nigeria
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, Justice of the Supreme Court of Nigeria
AMINA ADAMU AUGIE, Justice of the Supreme Court of Nigeria
PAUL ADAMU GALUMJE, Justice of the Supreme Court of Nigeria
UWANI MUSA ABBA AJI, Justice of the Supreme Court of Nigeria
Between
ECONOMIC AND FINANCIAL CRIMES COMMISSION (EFCC) Appellant
And
WOLFGANG REINL Respondent
…………………….A…………………….
KEKERE-EKUN, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal, Abuja Division delivered on 26/1/2018, affirming the judgment of the High Court of the Federal Capital Territory (FCT) delivered on 20/4/2016.
The respondent sued the appellant vide an Amended originating Motion dated and filed on 7/3/2016 seeking the following reliefs:
A. A Declaration that the arrest and detention of the Applicant by the Respondent since 28th December, 2015 is unlawful, unconstitutional, illegal and violation of the Applicant’s fundamental rights guaranteed by Section 35(1) and (4) of the 1999 Constitution of the Federal Republic of Nigeria.
B. A Declaration that the restriction/confinement placed on the Applicant by the Respondents by keeping him in their custody since December 28, 2015 is unlawful, unconstitutional and direct infraction of the rights of the Applicant to freedom of movement as guaranteed by Section 41 of the Constitution of the Federal Republic of Nigeria, 1999.
C. A Declaration that the continuing detention of the Applicant by the Respondent without informing him of his offence in writing is unlawful, unconstitutional and an infraction of the Applicant’s right as guaranteed by Section 35(3) of the Constitution of the Federal Republic of Nigeria, 1999.
D. A Declaration that the refusal to release the Applicant until he admits laundering undisclosed amount of money or any sum whatsoever is unlawful, unconstitutional, illegal and a violation of the Applicant’s Fundamental Rights as guaranteed by Section 43 of the Constitution of the Federal Republic of Nigeria, 1999.
E. An Order of injunction restraining the Respondent whether by itself, servants, privies, agents or whosoever purporting to act on its behalf from
