Court Bars EFCC from Arresting Honda Nigeria Executives, Over 200 Others

Court Bars EFCC from Arresting Honda Nigeria Executives, Over 200 Others

Wale Igbintade 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 West Africa Limited and more than 200 individuals and businesses in connection with an ongoing investigation by the anti-graft agency. The court also barred the commission from taking any step to deprive the applicants or their officers of their personal liberty over the subject matter of the investigation, pending the hearing and determination of the substantive fundamental human rights suit. Justice Olukayode Ogunjobi made the order, while ruling on an ex parte application filed by the two automobile companies, their executives, dealers, distributors and other business associates against the EFCC. The suit, marked LD/22659MFHR/2026, has an extensive list of corporate and individual applicants, including two Japanese nationals, Tetsuya Kawai and Mita Daisuke, alongside Nigerian executives, motorcycle dealers, automobile businesses and other commercial entities. Other individual applicants include Olayemi Adebiyi, Olabade Badejo and Lanre Akinsola, while corporate applicants include H3 Motors & Industries Limited, Movack Services Nigeria Limited, Tony Moore Nigeria Enterprises and Hardé Global Motorcycle Venture, among several others. At the proceedings, Bolaji Ayorinde, SAN, led the legal team representing the applicants, with Wale Rokosu. The applicants approached the court through a fundamental human rights enforcement action, seeking protection against what they described as unlawful interference with their personal liberty, freedom of movement and privacy in the course of the EFCC investigation. Specifically, they sought interim orders restraining the commission, its officers, agents, servants and representatives from arresting, detaining or otherwise depriving them or their officers of their personal liberty in connection with the investigation. They also sought to prevent the EFCC from compelling them or their officers to report to its office for investigation, issuing further invitations to certain company executives and other dealers or distributors for questioning, or threatening them with arrest. The applicants further sought protection against the arrest or detention of the third to seventh applicants solely on the ground of their failure or inability to honour further invitations issued by the commission. They also asked the court to restrain the EFCC from taking any action that would restrict their liberty without complying with the provisions of the 1999 Constitution, the Administration of Criminal Justice Act 2015 and other applicable laws. In his ruling, Justice Ogunjobi granted the first prayer, expressly stating that it covered Prayers 2 to 6. Consequently, the judge restrained the EFCC from arresting, detaining or otherwise depriving any of the applicants or their officers of their personal liberty in connection with the subject matter of the suit, pending the hearing and determination of the originating motion on notice. The judge also emphasised the need for an expedited hearing, noting that the matter, being a fundamental human rights enforcement action, ought to be heard expeditiously. However, the court refused the applicants’ request for an order compelling the EFCC to return original documents allegedly seized from the premises of Honda Manufacturing (Nigeria) Limited during a visit to the company’s premises on September 24, 2026. The applicants had asked the court to direct the commission to make photocopies of the documents, retain the copies and immediately return the originals to the company. The documents, according to the relief sought, included original records relating to the company’s importation The suit was brought under Sections 34, 35, 37, 40, 43 and 46 of the 1999 Constitution, as amended, and relevant provisions of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act. The matter has been adjourned to 13 November 2026 for further proceedings.

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