Alltimepost.com Sincerity of Purpose
By Alltimepost Correspondent
BENIN CITY – The Federal High Court in Benin City has ruled that the Economic and Financial Crimes Commission (EFCC) and other law enforcement agencies are legally empowered to break into buildings during lawful operations when access is denied, in accordance with Section 12(1) and (2) of the Administration of Criminal Justice Act (ACJA) 2015.
Justice C.A. Obiozor made the pronouncement while delivering judgment in a suit filed by Benin-based lawyer, Christopher E. Mene, against the EFCC over a sting operation conducted at his property located in Benin City on May 23, 2023.
In the suit, Mene demanded N4,375,000 as special damages and N500 million as exemplary damages, claiming that EFCC operatives damaged the doors of his building during the operation and acted unlawfully.
However, Justice Obiozor dismissed the claims, stating that the plaintiff failed to establish that the EFCC acted outside its powers or with malice.
He held that the agency’s actions were lawful, professional, and within the scope of its statutory duties.
According to the judge, the EFCC’s raid was based on credible intelligence that led to the arrest of suspected internet fraudsters at the said property.
Evidence presented before the court revealed that 18 of the suspects apprehended during the operation have since been convicted and sentenced by competent courts.
“Law enforcement agencies should not be gagged,” Justice Obiozor declared. “Let law enforcement agencies breathe and be allowed to do their work. The law clearly allows them to break open doors or windows if, after notifying their authority and purpose, they are denied entry.”
He emphasized that Section 12 of the ACJA 2015 explicitly provides such authority to officers executing lawful arrests or searches when occupants refuse to open doors after being duly informed of the officers’ identity and purpose.
The court also ruled that Mene should have directed any claim for damages to his tenants, noting that they breached their tenancy agreement by using the premises for unlawful activities.
The tenancy agreement, the court noted, contained a clause where the tenants undertook not to engage in any illegal act and to indemnify the landlord against any damage arising from such conduct.
