The Federal High Court in Abuja, on Wednesday, ordered the Economic and Financial Crimes Commission (EFCC) to, within 24 hours, release the socialite and businesswoman, Aisha Achimugu.
Justice Inyang Ekwo, in a ruling, also directed that parties in the suit, especially the EFCC, should report to the court on May 2 in compliance with the order of court.
Justice Ekwo had, on Monday, ordered Achimugu to honour the invitation by the anti-graft agency on Tuesday at noon in connection with the ongoing investigation bordering on money laundering and other offences.
The judge, who gave the order, also ordered the EFCC, upon the appearance of Achimugu at its office, to return with her to court on Wednesday for report by noon.
Achimugu was, however, said to have been arrested by EFCC’s operatives upon her arrival abroad about 5am and kept in custody.
Meanwhile, EFCC operatives, on Wednesday, arrived at the court with Achimugu about 11:35am as ordered by the court.
Upon resumed hearing in the suit, Justice Ekwo stood down the matter to meet with all the lead lawyers in the case.
“I want to see all the lead counsel in the matter in chamber now,” the judge said.
When the case resumed, Kehinde Ogunwumiju, SAN, who appeared for Achimugu, informed the court that earlier in the morning, they filed an affidavit of facts on behalf of their client and referred to Paragraph 6 of the application.
According to him, it is brought pursuant to Order 4 of the Fundamental Human Rights (Enforcement Procedure) Rules, 2009.
Responding, EFCC counsel, Ekele Iheanacho, SAN, said they did not have any response to Achimugu’s application.
“We will be leaving it to the discretion of the court, except the application in Paragraph 9,” he added.
Ogunwumiju, in response, applied to withdraw the application in Paragraph 9.
Justice Ekwo, therefore, told parties that the hearing today was fixed for a report by the EFCC with regards to the order made on Monday.
“It is absolutely noted that in the process of hearing the application of this nature, the court can make an order for bail in lieu of the reliefs sought when the process is yet to be heard,” he said.
The judge said that Ogunwumiju had drawn the attention of the court to the affidavit of facts deposed to on April 30 (today), stating that the commission was in the process of admitting Achimugu to bail “on conditions which are stated on Paragraph 6 of the affidavit of facts.”
“Now, the court being faced with this will allow the 4th respondent (EFCC) to conclude the issue of granting the applicant bail and this court will fix the time.
“Therefore, I am minded to make the following orders in support to ensure that the rights of the applicant is respected and the authority of the 4th respondent is not tarnished.
“The 4th respondent is hereby ordered to facilitate the release of the applicant in line with the conditions stated in paragraph 6 of the affidavit of facts within 24 hours of this order.
“I also make an order that parties, particularly the 4th respondent will report back to court in compliance with the order on 2nd May, 2025,” the judge ruled and adjourned until May 2 for report.
In the affidavit of facts deposed to by Achimugu’s brother, Mr Ifeanyi Otuya, Otuya averred that the socialite arrived at the Nnamdi Azikiwe International Airport, Abuja, from her foreign trip on Tuesday.
He said she was prepared to report at the EFCC’s Headquarters at Jabi as directed by the court on Monday.
According to him, upon her arrival at the airport, officers of the 4th respondent arrested the applicant at the airport and whisked her away to the headquarters of the 4th respondent in Jabi, Abuja.
Otuya, in Paragraph 6, said Achimugu was interrogated for many hours by the operatives attached to the Special Duty Committee (SDC) 11 and thereafter, she was admitted to bail by the anti-graft agency subject to some conditions.
He said part of the conditions were that Achimugu should provide two serving directors from the federal civil service; two passport photographs; letters of first employment; letters of last promotion; and letters of introduction from the employer of the sureties.
He said the sureties must also be resident of Abuja, and they must provide an application for bail, and original copy of certificate of occupancy of landed property in Abuja.
According to him, the applicant is still in the custody of the 4th respondent as at today, 30th April, 2025.
Otuya told the court that the bail conditions, particularly the last condition requiring original copy of certificate of occupancy of landed property in Abuja was stringent.
In Paragraph 9 of the affidavit of facts, he prayed the court to vary the conditions by deleting or waving the last stringent condition.
But after Iheanacho indicated his interest to challenge the application in Paragraph 9, Ogunwumiju withdrew it.
The EFCC is investigating Achimugu on a case involving conspiracy, obtaining money by false pretence, money laundering, corruption, and possession of properties reasonably suspected to have been unlawfully obtained.
