A human rights lawyer, Abdul Mahmud, has said the Economic and Financial Crimes Commission, EFCC, lacks power to arrest a Port Harcourt blogger who tweeted fake pictures of an overcrowded facility which he alleged to be the detention facility of the commission.
Dikeocha Chukwuebuka, the owner of a tweeter account @ The Real Dayne, who posted fake photos of suspects in an overcrowded cell alleged to belong to EFCC on February 10, 2020, was arrested and paraded at EFCC Port Harcourt Office by Usman Imam, the head of the Zonal Office on Thursday.
The EFCC zonal boss said the suspect was arrested at a new generation bank along Ada George Road, Port Harcourt at 4 pm on Wednesday, February 26.
He said the fake news posted by the suspect was shocking and embarrassing to the Commission because there was no such crowded detention centre owned by the anti-graft agency.
But Mahmud said in a tweet that “The offence this guy is alleged to have committed falls within the purview of S.24 CyberCrime Act 2015. EFCC powers of arrest only extend to offences created by the EFCC Act.
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“My view is that it is only the police under S.45 CyberCrime Act, S.4 Police Act & S.18 ACJA that can effect arrest.
“The court was clear in First Bank PLC v AG Federation(2013) that EFCC can only exercise its power of arrest under the EFCC Act. No more. Thanks”
The offence this guy is alleged to have committed falls within the purview of S.24 CyberCrime Act 2015. EFCC powers of arrest only extend to offences created by the EFCC Act. https://t.co/xgccGfI2wG
— Great Oracle (@AbdulMahmud01) February 27, 2020
That blogger should sue Efcc for infringement on his rights and for arresting him illegally and acting outside the law
— C.Of. E (@CofEnugu) February 27, 2020
What will he be charged for? It's the duty of Police to arrest and prosecute this type of case. Efcc should know it's boundary. https://t.co/hqj9vSvlHu
— Hafsah (@Amally_A) February 27, 2020
We shouldn't be sentimental about issues. How do you expect efcc to go and proof those case you mentioned in courts.Tinubu is a private citizen and gadunje is covered by immunity.
— Jack warner (@cooldayor) February 27, 2020
How did he fabricate a lie, does the Cell not belong to a law enforcement agency in Nigeria?
Does it matter which law enforcement agency? He pointed it out so that the situation can be corrected.
Why is the EFCC arresting someone for something not financial crime related? https://t.co/WD5MiNA0Wk— Vincent Okeke (@St_Vin) February 27, 2020
The offence this guy is alleged to have committed falls within the purview of S.24 CyberCrime Act 2015. EFCC powers of arrest only extend to offences created by the EFCC Act. https://t.co/xgccGfI2wG
— Great Oracle (@AbdulMahmud01) February 27, 2020
