Justice Folasade Ojo of an Abuja High Court on October 10, 2012, dismissed a suit filed by former Ogun State Governor Gbenga Daniel demanding N200 million from the Economic and Financial Crimes Commission, EFCC., for unlawful detention.
Daniel had urged the court to declare that his arrest and detention by operatives of the EFCC from October 6 to 12, 2011 as unconstitutional and a violation of his right to freedom of movement.
He said he was "unlawfully" detained for seven days without being charged for any offence and demanded N200 million as damages for what he called "psychological torture, harassment and threat".
Daniel demanded that the EFCC apologises to him in The Punch and ThisDay newspapers; and sought an order restraining the commission from further arresting, detaining or threatening to arrest him.
But in her judgement, Justice Ojo held that the EFCC acted within the limits of its statutory powers, when it arrested and detained Daniel. She said Section 6 of the EFCC Establishment Act, 2004, gives the commission power to investigate and prosecute economic and financial crimes.
Justice Ojo said Daniel's arrest and detention on suspicion that he siphoned about N7 billion from the Ogun State Treasury during his eight-year tenure was lawful.
She said under the laws setting up the EFCC, anybody could be invited, arrested and detained for a certain period of time.