Justice James Omotosho of the Federal High Court in Abuja has dismissed a ₦5 billion lawsuit filed by 110 alleged internet fraudsters against the Economic and Financial Crimes Commission (EFCC), ruling that the case lacked merit.
Justice Omotosho dismissed the suit on the grounds that the applicants failed to prove they had been unlawfully detained.
The group, which includes four Chinese nationals, were arrested inside a building in the Katampe District of Abuja on January 9.
According to the EFCC, the arrests followed intelligence reports suggesting the individuals were involved in fraudulent activities, including internet scams.
The agency further alleged that the Chinese nationals had recruited Nigerians to participate in a fraudulent cryptocurrency scheme.
The EFCC stated that while the suspects coordinated their operations from Nigeria, they used virtual private networks (VPNs) to defraud victims in the United Kingdom, posing as hoteliers.
Following their arrest, the applicants hired a legal team led by Ishaka Dikko (SAN) to enforce their fundamental human rights.
The applicants accused the EFCC of violating their rights to dignity, personal liberty, and fair hearing, as enshrined in Sections 34, 35, 36, 43, and 46 of the 1999 Constitution, as amended.
They asked the court to declare that their detention from January 9 to 16, exceeded the constitutionally prescribed period and was therefore illegal and unlawful. They sought N5 billion in damages.
The applicants also requested the court to declare that the seizure of their international passports—numbers E55480652, EL6128848, E91567245, and E99903655—during their detention was unlawful and contrary to Sections 36, 43, and 44 of the 1999 Constitution, as amended.
Their lawyer argued that evidence before the court showed the EFCC obtained a remand order on January 10 and renewed it on January 24, after the initial order expired.
Responding, Justice Omotosho held that the remand orders were legally permissible, given the allegations that the applicants’ actions posed a threat to national security.
The judge also noted that the EFCC’s decision to grant administrative bail demonstrated it had no intention of detaining the applicants indefinitely. He stated that the Commission could not be held liable for the applicants’ failure to meet the bail conditions.
Justice Omotosho subsequently dismissed the fundamental rights enforcement suit and urged the applicants to respond to the allegations against them, which were deemed a threat to national security.
In an originating motion, the applicants sued the EFCC and its Executive Chairman, Ola Olukoyede.
The applicants include Zhang Xiaowen, Liu Zhiwei, Chen Yeqiu, Lan Shunbin, 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 Suleiman, Joseph Ojoma, Tanko Isah, Omoyele Ebenezer, Olisakwe Chieme, Ohikwo Fatima Musa, Faith Agada, Opara Cynthia, Blessing Thomas and Rachel Habila.
