The Economic and Financial Crimes Commission, EFCC, as arrested a certain man identified as James Olaoluwaniyi, for allegedly spending the sum of $59,220 mistakenly transferred into his account by Sterling Bank.
According to reports, Olaoluwaniyi has now sued the EFCC, pleading unlawful detention. Nt stopping there, he also asked for N50,000 against the commission.
During the hearing at the Federal High Court in Lagos on Thursday, N20,000 was awarded in favour of the EFCC in the suit that had applicants Olaoluwaniyi and a company, Triump Energy Nig. Ltd.
Justice Chuka Obiozor also adjourned the case so as to enable his counsel to affix the Nigeria Bar Association seal to his court processes. The EFCC and Sterling Bank Plc are joined as first and second respondents respectively.
Oaoluwaniyi is now seeking a declaration that his arrest and continued detention by the EFCC since February 5 that the money had been mistakenly credited into his account and his eventual utilisation of the funds be termed unlawful.
Olaoluwaniyi wants the court to declare that his arrest and act is not a crime. The applicant is arguing that he had no intention to commit the offence.
The applicant is seeking a court order, that will direct the EFCCto release him from custody immediately while also seeking an order of perpetual injunction, that will restrain them from further interfering with his liberty.
EFCC during the court hearing revealed that the applicant claimed that he had been expecting money in the same account from a business partner and at the time he was informed, he had already spent $39,554 out of the money, despite realising the sender was not his supposed client.
EFCC further revealed that Sterling Bank was able to debit the sum of $19,666, an additional $10,000 from his account which was refunded by the applicant after appeals. It now leaves him with a $29,000 which he has refused to pay to cause for him to be sued.
via: INFORMATION NIGERIA
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