Court Bars EFCC From Arresting Honda Executives, 200 Others

The Lagos State High Court has restrained the Economic and Financial Crimes Commission (EFCC) from arresting or detaining executives of Honda Manufacturing (Nigeria) Limited, Honda Automobile Western Africa Limited and more than 200 other applicants over an ongoing investigation.

Politics Nigeria gathered that the order was issued by Justice Olukayode Ogunjobi of the Lagos Division of the High Court following an application filed by the affected companies, their executives, dealers, distributors, business associates and other individuals.

The court granted an interim injunction preventing the anti-graft agency, its officers, agents and representatives from taking steps to arrest, detain or otherwise restrict the personal liberty of the applicants pending the determination of the substantive suit.

The development followed concerns raised by the applicants over the conduct of an ongoing EFCC investigation.

They approached the court to seek protection against what they described as potential violations of their fundamental rights.

Among the issues presented before the court were alleged invitations for questioning, threats of arrest and possible detention.

The applicants argued that the circumstances surrounding the investigation raised concerns about their constitutional rights to personal liberty, freedom of movement and privacy.

They subsequently asked the court to intervene and prevent the commission from taking actions that could interfere with those rights while the substantive case remained pending.

Chief Bolaji Ayorinde (SAN) led the legal team representing the applicants. Other members of the team included Akinwale Irokosu, A. Apara and T. Aluko.

In the application, the applicants sought several orders against the EFCC. They specifically wanted the court to stop the commission and its representatives from arresting or detaining them, as well as their officers, in connection with the investigation until the main suit was determined.

They also asked the court to prevent the anti-graft agency from compelling them or their officers to appear for questioning through further invitations connected to the investigation.

The applicants further sought protection against alleged harassment, intimidation and threats of arrest involving the companies, their dealers, distributors and business associates.

Another major part of their application concerned the possibility of arrest following failure to honour invitations from the commission.

They urged the court to restrain the EFCC from arresting or detaining any individual applicant simply because the person failed or was unable to respond to further invitations relating to the investigation.

The applicants also requested an order stopping the commission from taking any action capable of restricting their freedom without complying with the provisions of the Nigerian Constitution, the Administration of Criminal Justice Act and other relevant laws.

After considering the application, Justice Ogunjobi granted the first prayer presented by the applicants.

The judge held that the relief granted effectively covered the remaining prayers contained in the motion.

The decision consequently provided interim protection against the specific enforcement actions challenged in the application.

The case raises important legal questions about the relationship between the investigative powers of law enforcement agencies and the fundamental rights guaranteed to individuals and corporate representatives under Nigerian law.

The EFCC is empowered by law to investigate allegations of financial crimes, fraud, money laundering and other economic offences.

Its investigative responsibilities also include inviting individuals for questioning where their involvement or knowledge may be relevant to an investigation.

However, such powers are subject to constitutional safeguards and applicable legal procedures.

Section 35 of the 1999 Constitution guarantees the right to personal liberty, while Section 37 protects the privacy of citizens, their homes, correspondence and communications.

Section 46 also provides a mechanism through which individuals can approach the courts when they believe their fundamental rights have been violated or are likely to be violated.

The applicants relied on these constitutional provisions in seeking judicial intervention.

Their suit was also brought under Sections 34, 35, 37, 40, 43 and 46 of the 1999 Constitution, as amended, alongside relevant provisions of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act.

The constitutional provisions cover several rights, including dignity of the human person, personal liberty, privacy, freedom of association, movement and access to legal remedies.

The interim order does not amount to a final determination of the allegations or issues surrounding the EFCC investigation.

It is a temporary judicial measure pending further proceedings and the determination of the substantive matter before the court.

The commission’s investigation and the legal arguments surrounding the applicants’ complaints remain separate issues that will be addressed as the case progresses.

Justice Ogunjobi adjourned the matter until November 13, 2026, when the court is expected to continue proceedings.