The crux of the Plaintiff’s application is the alleged violation of his fundamental
rights through an unwarranted and unlawful seizure and impoundment of his call to
bar certificates, wherein the agents of the Defendant (Economic and Financial
Crimes Control Commission) withheld his access, possession and use of documents
which constitute his license and authority to practice law in Nigeria. The alleged
seizure was carried out on the 16th of June 2009 and the documents are still in the
possession of the Defendant. According to the Plaintiff, the seizure was premised on
his inability to produce a client whom he represented sometime in 2007 in a criminal
case of fraud at the Federal High Court Port-Harcourt Division.
The Plaintiff further states that, the alleged seizure was further premised on the
ground that the said accused person had jumped bail. Prior to the seizure, the Plaintiff
had withdrawn his representation of the client and same was backed up by a court
order dated 01/08/07
The Plaintiff states that his right to be heard, right to privacy, right to property and
his right to freedom of expression and dissemination of information has been
violated. Plaintiff contends that the seizure amounts to a conviction and therefore a
violation of his right to fair hearing.
Article 7 (1) & (2) of the African Charter on Human and Peoples Rights
(ACHPR) guarantees the right to be heard. This provision extends to ensuring that
the right to presumption of innocence is respected.
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