Court Slam EFCC N3m for Unlawfully Declaring Emefiele’s Wife Wanted

*Orders anti-graft agency to tender public apology, delist her name, photograph from wanted persons’ list

By Alex Enumah in Abuja

The Economic and Financial Crimes Commission (EFCC) has come under the sledgehammer of a Federal High Court in Lagos, for its unlawful declaration of Mrs Margaret Emefiele as a wanted person.

The court which nullified the conduct of the anti-graft agency subsequently ordered the Commission as well as its chairman to pay the sum of N3 million as damages to the complainant.

The court predicated its decision on the grounds that the commission cannot on its own without the order of a court of competent jurisdiction declare any person wanted.

Mrs Emefiele had on February 14, 2024, instituted a fundamental rights enforcement suit against the EFCC and its chairman, for publishing her name and photograph in their website as a “wanted person”.

In the suit marked: FHC/L/CS/262/2024, the applicant submitted that the publication of her name and photograph on the website of the EFCC as “Wanted” without any formal invitation extended to her and without any valid charge and or a court order to the effect amounts to a violation of her fundamental right to the dignity of her person, rights to personal liberty, freedom of movement and right to security as guaranteed under Sections 34,35,and 41 of the 199 Constitution and Articles 5,6,and 12 of the African Charter on Human and Peoples’ Rights (ratification and enforcement) Act (Cap A9) Vol 1 Law of the Federation of Nigeria, 2011.

She claimed that the action of the defendants resulted in various negative comments of threats on the applicant, and a likely breach of her rights to life as guaranteed by laws.

She therefore prayed the court to amongst others declare that the applicant was entitled to the protection of her fundamental rights to life, personal liberty, right to dignity of her person, freedom of movement and right to security as guaranteed under Sections 33, 34, and 41 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Articles 4,5,6 and 12 of the African Charter on Human and Peoples’ Rights (Ratification and enforcement) Act (Cap A9) Vol 1 Laws of the Federal Republic of Nigeria, 201 1.

“A declaration that the publication of the applicant’s name and photograph on the website of the Second Respondent as having been declared WANTED without any court order to that effect , is unlawful. Illegal, and liable to be set aside.

“An order setting aside the publication of the applicant’s name and photograph on the website of the second respondent as one of the persons wanted by the respondents.

“An order directing the respondent to immediately withdraw the publication of the applicant’s name and photograph from the list of persons wanted by the respondents on its website.

“An order , directing the respondents to issue a public apology to the applicant vide two national Television Stations and 3 national dailies to wit – THISDAY Newspaper, The Punch Newspaper and the Nation Newspaper.

“Damages against the respondents, jointly and severally, in the sum of N250 million in favour of the applicant for the violation of the applicant’s fundamental rights”.

Details later …