A Federal High Court in Yenagoa, Bayelsa State, has ruled that the Economic and Financial Crimes Commission (EFCC) must pay damages of N10 million to Pastor Oyinmiebi Biribena and his wife, Pastor Beatrice Biribena, for declaring them wanted without a valid court order. Pastor Biribena oversees the Christ Embassy Church in Kumasi, Ghana.
The court, presided over by Justice Dashen, made this declaration in response to a lawsuit (No. FHC/YNG/CS/132/2022) filed by the Biribenas seeking the protection of their fundamental human rights against EFCC’s actions.
Justice Dashen found EFCC’s declaration of the Biribenas as wanted on June 8, 2022, without a valid court order to be unjust, unlawful, and unconstitutional. He ruled in favor of the plaintiffs and against the anti-graft agency.
The court also declared EFCC’s newspaper publication on June 8, 2022, announcing the Biribenas as wanted without a valid court order to be a violation of their fundamental rights to personal liberty, freedom of movement, right to private and family life, and dignity of the human person, as guaranteed by the Nigerian Constitution and the African Charter on Human and Peoples Rights.
Justice Dashen ordered EFCC to publicly apologize to the Biribenas for the unlawful publication and restrained EFCC from inviting, harassing, arresting, and detaining them pending the resolution of another suit (No. FHC/YNG/CS/125/2022) involving Bliss Multinational Perfections Limited versus EFCC.
In another case (Bliss Multinational Perfections Limited and Oyinmiebi Biribena versus EFCC), Justice Dashen granted declarations in favor of the plaintiffs against EFCC. The court declared that disputes between members of Baraza Multipurpose Cooperative Society, arising from transactions related to the cooperative society’s registered business objects, should be reported to the registrar and director of the Bureau of Cooperative Societies in Bayelsa State before resorting to any security agency or court.
Furthermore, the court ruled that EFCC is not authorized to intervene in disputes arising from civil transactions related to the registered business objects of cooperative societies and cannot seize properties that are not proceeds of crime.
Consequently, Justice Dashen deemed EFCC’s seizure and sealing of properties belonging to Bliss Multinational Perfections Limited and Oyinmiebi Biribena as wrongful and unlawful.
The court also declared EFCC’s instructions to Biribena’s bankers to freeze his bank account due to disputes from civil transactions with Baraza Multipurpose Cooperative Society as wrongful and unlawful.
As a result of these rulings, Justice Dashen ordered EFCC to refrain from inviting, arresting, detaining, and harassing the plaintiffs over disputes arising from transactions with Baraza Multipurpose Cooperative Society.
However, instead of the N100 million requested by the plaintiffs, the court awarded the sum of N10 million as exemplary damages against EFCC.