Court awards cost against man who allegedly spent money erroneously credited to his Sterling Bank account

A Federal High Court in Lagos on Thursday awarded  N20,000 in favour of the Economic and Financial Crimes Commission (EFCC) in a fundamental rights suit filed by one Mr James Olaoluwaniyi against the commission  over alleged unlawful detention.
The applicants in the suit are Olaoluwaniyi and a company, Triump Energy Nig. Ltd.
Justice Chuka Obiozor awarded the cost against Olaoluwaniyi, while granting an adjournment in the suit to enable his  counsel to affix  Nigeria Bar Association (NBA) seal to his court processes.
The EFCC and Sterling Bank Plc are joined as first and second respondents, respectively.
In a motion on notice, the applicant is seeking a declaration that his arrest and continued detention by the EFCC at the instance of Sterling Bank since February 5, over his alleged utilisation of fund mistakenly credited into his account by the bank, is unlawful.
The motion was  brought pursuant to the provisions of the 1999 Constitution and the Fundamental Rights Enforcement Procedure Rules, 2009.
Olaoluwaniyi wants the court to declare his arrest and detention as unconstitutional, claiming that his act does not amount to a crime.
He argues that no intention to commit the offence has been established by the respondents.
Mr NEC Nzebude announced appearance for the applicant on Thursday, while  Mr N.N. Anana, appeared with Mrs Chineye Okezie for the EFCC, and Mr S.O. Elimihe represented  Sterling Bank.
The motion  dated February 27 was filed by his counsel on February 28 , but midway into adoption of his processes, the court noticed that applicant’s court papers had no NBA seal as required by law.
When the court demanded an explanation, the applicant’s counsel informed the court that his partner, who prepared and filed the processes, failed to affix the seal.
He then urged the court to grant a short adjournment to enable him to regularise the processes.
In response, EFCC counsel (Anana) opposed the application on the grounds that the case was slated for definite hearing.
He asked for a cost of N50,000 against the applicant in case the court would be inclined to granting the adjournment.
Counsel to the second respondent also adopted the submission of the EFCC in opposing the request for adjournment, and urged the court to either dismiss the case or enter judgment.
The judge  noted that bail was at the discretion of the court, but must at all times be exercised judiciously.
He described the absence of the NBA seal as an irregularity.
The court, consequently, adjourned the case until June 26 for definite hearing, but awarded a cost of N20,000 in favour of each of the EFCC and Sterling Bank.
He ordered that the money should be paid on or before the next adjourned date.
In the suit, the applicant is seeking a court order, directing the EFCC, its officers and agents, to release him from custody with immediate effect, as well as an order of perpetual injunction, restraining them from further interfering with his liberty.
Meanwhile, in a counter-affidavit, deposed to by one Mr Calistus Egwuonwu, EFCC averred  that it received a petition on June 12, 2018, against the applicant over fraudulent conversion  of 59,220 dollars erroneously transferred into his account.
The commission said that the applicant admitted to have converted the fund, but claimed that he had been expecting money in same account from a business partner.
It said that the applicant was informed of the error, but he had already spent 39, 554 dollars out of the money, even though he realised that the sender was not his supposed client.
According to the commission, the bank was able to debit the sum of 19,666 dollars from the account and an additional 10,000 dollars which was refunded by the applicant after several appeals, leaving a balance of 29,000 dollars.
EFCC said that it was the continuous refusal of the applicant to pay up the balance that necessitated the petition leading to his arrest.
Besides, the commission averred that the applicant was not being held or detained on the instigation of any individuals, but was granted bail which he failed to fulfill its conditions.
According to the EFCC, a charge of stealing is pending against the applicant before a Lagos High Court.