The Federal High Court in Abuja on Friday ordered the Economic and Financial Crimes Commission (EFCC) and five other security agencies to file their defence in a suit instituted by businesswoman Dr Aisha Achimugu to stop her planned arrest and detention.
Other security agencies listed in the fundamental rights enforcement suit are the Nigeria Police Force (NPF), Independent Corrupt Practices and Other Related Offences Commission (ICPC), and State Security Service (SSS).
They also include the Nigeria Security and Civil Defence Corps (NSCDC) and the Nigerian Immigration Service (NIS).
Justice Inyang Ekwo gave the order following a complaint by Achimugu’s lawyer, Kehinde Ogunwumiju, SAN, that despite being served with the earlier order of the court, none of the respondents was in court to show cause why the applicant’s prayers should not be granted.
The News Agency of Nigeria (NAN) reports that Achimugu had in an ex-parte motion marked FHC/ABJ/CS/626/2025, sued the NPF, ICPC and SSS as 1st to 3rd respondents.
The applicant, through her lawyer, also joined the EFCC, NSCDC and NIS as 4th to 6th respondents respectively in the motion dated and filed April 3.
She sought an order of interim injunction restraining the respondents from threatening or harassing her with arrest, detention and invasion of her “properties or threatening to impede her fundamental right to freedom of movement, liberty, privacy and properties.”
She also sought an order of interim injunction restraining the respondents from arresting, harassing, detaining or violating her right to life, freedom of movement, liberty and/or all such other rights as guaranteed by Chapter 4 of the Constitution pending the hearing and determination of the originating motion.
Achimugu prayed for an interim order restraining the respondents “from giving effect to the declaration dated 28th March 2025, wherein the applicant was declared wanted.”
The businesswoman equally sought an interim order restraining the respondents from taking any further steps in connection with the subject matter of the suit and maintaining status quo ante bellum or staying all actions pending the hearing and determination of the originating motion, among others.
While giving 10 grounds why her application should be granted, Achimugu said that on March 28, the EFCC declared her wanted.
She said that her declaration as ‘wanted’ was unwarranted, unjustifiable, devoid of probable cause and is calculated to discredit, humiliate and subject her to public opprobrium, thereby causing irreparable harm to her reputation, personal dignity and professional standing.
“As a direct consequence of the declaration made by the 4th respondent, the applicant has suffered irreparable harm, including severe damage to her hard-earned reputation, substantial disruptions to her business operations, financial losses, emotional distress, and social stigma.
“The adverse publicity and negative perception generated by the respondents’ actions have not only undermined her professional credibility but have also jeopardised existing business relationships, deterred potential investors and partners, and subjected the applicant to unwarranted public scrutiny and distress,” she said.
According to her, the applicant is facing an immediate or imminent threat of arrest and other adverse actions by the respondents, which, if executed, will result in irreparable harm and breach her fundamental rights as guaranteed by Chapter 4 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
The embattled industrialist said granting the application is the only means to prevent the immediate and irreparable breach of her fundamental rights.
She said the grant of the relief sought against the respondents would not unduly prejudice public interest nor hinder the legitimate discharge of their statutory functions.
She prayed the court to grant her application in the interest of justice.
In the affidavit in support of the motion deposed to by Mr Ifeanyi Otuya, who is said to be her brother, he said Achimugu “is an internationally renowned industrialist, businesswoman, law abiding citizen and philanthropist whose exemplary leadership and commitment to empowering communities have earned her international recognition.”
He said that as the Managing Director and Chief Executive Officer of Felak Concept Group, she oversees a consortium specialising in civil, structural and transportation engineering.
“She also chairs SAM Oil and Gas Limited, one of the major players in the exploration, production, and distribution of petroleum products in Nigeria,” he said.
Otuya said that due to her significant health issues, Achimugu traveled to the United Kingdom (UK) on March 3 to receive the necessary medical care.
He said EFCC on March 4, issued a letter of invitation, inviting her to appear for ‘certain clarification’ in respect of an ongoing investigation.
“The applicant could not honour the invitation immediately because she was already in the United Kingdom to prepare for medical treatment,” he said.
Otuya said on March 6, he said Achimugu informed him that upon her arrival in the UK, her doctors requested specific medical documents essential for her treatment, which were securely stored in her personal safe in Nigeria.
He said Achimugu had to return to Nigeria.
According to him, I am aware that on 8th March 2025, the applicant arrived in Nigeria to retrieve the aforementioned medical documents and on March 9, she returned to the UK.
He said that since she would be unable to attend the EFCC’s scheduled invitation on March 5, she briefed her lawyer, Mr. Darlington Ozurumba, to convey her inability to honour the invitation in writing to the commission.
He said on March 5 Ozurumba write to the commission and on March 12 March, another letter was written seeking a reschedule of the invitation to either April 28 or April 29.
Otuya, however, said on March 11, an EFCC official, in a WhatsApp message, told Achimugu that her claim of being abroad was false and demanded her appearance on March 13 or be declared wanted.
He said, unfortunately, the anti-graft agency, on March 28, declared her wanted for an alleged case of criminal conspiracy and money laundering.
He said that when he drew Achimugu’s attention to the publication, her already fragile state of health deteriorated further.
When Ogunwumiju moved the motion ex-parte on April 7, Justice Ekwo did not grant the prayers.
Rather, the judge order that the respondents be put on notice to come and show cause why the reliefs should not be granted and adjourned until April 11 (today).
Meanwhile, when the matter was called on Friday, no lawyer appeared for the respondents.
Ogunwumiju, who also appeared for Achimugu, informed the court that none of the respondents had filed any reply to their application.
“The court made an order that they be served within 24 hours and we complied with some of them being served the same day,” he said.
The lawyer said they were ready to proceed since they had failed to show cause.
“What you want is what is good for your client?” the judge asked and Ogunwumiju responded in the affirmative.
“In that case, I will ask you to slow your speed down. I want the respondents to appear in court and once they submit to jurisdiction, I will make further orders.
“I will give them one more opportunity,” Justice Ekwo said.
The judge then asked Ogunwumiju what date Achimugu would be returning to the country and the lawyer said on April 29.
“I might have to bring you back on 28th April 2025, being the date the court is resuming, since the applicant is coming back the next day,” Justice Ekwo said.
In a ruling, the judge subsequently adjourned the matter until April 28 for the respondents to show cause.
He also directed that the hearing notice be issued and served on the respondents.
