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RESPONDENT'S CASE
Summary offacts
The Respondent denied the Applieants' narration of facts and states that, the
late iMr. Desmond Nunugwo was taken into custody by the Economic and
Financial Crimes Commission (EFCC) for the purpose of investigation and
interrogation on a criminal petition filed by one Mr, Ole Nnana Kalu on 6th of
June 2016. The petitioner alleged that he transferred the sum of Ninety-One
Million, Five Hundred ThousandNaira (N91, 500,000.00) to the deceased for
the purpose of doing business with him. This narrative was corroborated by
one Uloma Kalu who was also privy to the agreement between the petitioner
and the deceased. The Certified True Copies of their written statements were
annexed.
23.
According to the Respondent, following the petition the deceased was arrested
and taken into custody
ofthe Commission. Upon interrogation, he voluntarily
made a written statement wherein he adrnitted receiving a bank hansfer of
N
91, 000,000.00 from Mr. ole Kalu. The Certified True Copy of the deceased
statement was annexed.
24.
Contrary to the Applicants' claim as to the cause of death of the deceased, the
Respondent argued that in less than 24 hours after Mr. Desmond Nunugwo
was taken into custody by EFCC, he collapsed and was immediately rushed
tosami'WadataHospita1wherehewaspronounceddead.,
25.
On the 16 of June 2016, the Commission through their Director wrote to the
Chief Medical Director, National Hospital requesting that a detailed post
mortem examination and toxicology analysis be conducted on the deceased to
establish the cause of his death. The certified true copy was annexed.
26.
The Comrnission contended that further to it's request for a post mortem
report,
it wrote to the Nigerian Police Force directing that an independent
8
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