Officials of the Economic and Financial Crimes Commission (EFCC) have allegedly arrested one Aliyu Adamu in defiance of a restraining court order.

This was disclosed by Ahmed Sani of Saraki, Ahmed and Partners, counsel to the complainant, in a statement issued to journalists on Tuesday.

Sani lamented that the blatant and incessant abuse of power and disregard for the rule of law by the EFCC was carried out by Mr. Dare Folarin, Sectional Head of Economic Governance EG1 at the EFCC headquarters in Abuja.

“In this instance, a court order was issued to restrain the EFCC from taking any action against our client, Aliyu Adamu, and three others, as can be seen in the certified true copy of the enrolled order, pending the determination of the suit filed by our clients,” he recalled.

“The said order was issued by the High Court of Justice of Bauchi State and has since been served on the EFCC.

“However, to our greatest dismay, despite being served with the order and the originating motion, Mr. Dare Folarin, who is the head of the section investigating the case before the issuance of the court order, flagrantly disobeyed the court’s directive by continuing to harass, intimidate, and eventually arrest our client.”

The counsel alleged that the EFCC team, led by Folarin, stormed their client’s office, seized documents, and arrested him in clear contempt of the court order.

“This egregious abuse of power and disregard for the law by the EFCC, particularly Mr. Folarin, undermines the very fabric of our justice system and demands immediate attention,” Sani stated.

“We wish to remind the EFCC that they are a product of the law themselves. It is based on powers given to them by law that they are allowed to invite, arrest, investigate, and even prosecute cases involving members of the public.

“We must emphasise that if the EFCC and its agents continue to disregard court orders and harass Nigerian citizens, it may lead to chaos and unrest.

“Citizens may resist arrest in cases where there is a court order restraining the EFCC from arresting a citizen, which could lead to violent confrontation. This could undermine the rule of law and public trust.”

He warned the EFCC and its agents to refrain from interfering with the judicial process, as they are obligated to operate within the legal framework and not exceed their statutory authority.

“The EFCC Act 2004 grants the Commission its powers, but it is crucial to remember that these powers are not absolute,” he argued.

“They must be exercised within the bounds of the law and with respect for the judiciary. The EFCC’s and its officers’ actions undermine the rule of law and the integrity of Nigerian courts. It is essential for the EFCC to recognise the importance of respecting court orders and upholding the principles of justice.

“As legal practitioners and ministers in the temple of justice, we cannot fold our arms and remain aloof when the rule of law is being trampled upon by none other than an agency saddled with the responsibility of bringing lawbreakers to book. With instructions from our client, we have taken steps to hold the EFCC, and particularly Mr. Dare Folarin, accountable.

“We have served the EFCC Chairman and Mr. Folarin with Form 48, formally notifying them of their contempt of court.

“However, despite Mr. Dare Folarin’s refusal to accept service of Form 48 (Notice of Consequences of Disobedience to Court Order) from the court bailiff—claiming that the court cannot impede his work—the bailiff successfully served him by throwing the court process at him.

“Efforts to serve the EFCC Chairman with Form 48 by the same bailiff proved abortive, as Mr. Dare Folarin flagrantly threw caution to the wind, chased the bailiff out of his office and the EFCC premises, and threatened to lock him up, even though it was obvious the bailiff had not committed any offence save for attempting to serve him with the court process. The bailiff has subsequently sworn an affidavit of service confirming the service. Therefore, we assure the general public that if the EFCC and Mr. Dare Folarin persist in disobeying the court order, we will proceed to serve them with Form 49, followed by the commencement of contempt proceedings against them.

“We trust that the EFCC, and particularly Mr. Dare Folarin, will take the necessary steps to rectify their actions and avoid further contempt of the court of law, thereby preventing any potential unpleasant consequences.” (Daily Sun)