By Our Reporter
A Federal High Court in Lagos has ruled that the Economic and Financial Crimes Commission’s (EFCC) declaration of Margaret Emefiele, wife of former Central Bank Governor Godwin Emefiele, as a wanted person is illegal.
Mrs. Emefiele had taken the EFCC and its chairman to court for declaring her a wanted person and publishing her photographs on its website without a valid court order.
In suit number FHC/L/CS/262/2024, Mrs. Emefiele requested that the court rule that the EFCC’s decision to list her as a wanted person without any valid charge or court order was a violation of her fundamental human rights. She also sought an order for the EFCC to remove her name and photograph from the wanted persons list on its website and to apologize publicly for the rights infringement through two national television stations and three newspapers.
Delivering the judgment, Justice D. I. Dipeolu ruled that the EFCC acted illegally by publishing Mrs. Emefiele’s name and photograph on its website as a wanted person without complying with Sections 41 and 42 of the Administration of Criminal Justice Act (ACJA) 2015, and without any valid charge or court order.
The judge ordered the EFCC to pay Mrs. Emefiele N3 million in damages for the infringement of her rights.
After considering the arguments from both sides, the judge held: “I grant in favor of the Applicant as follows: That the Applicant is entitled to the protection of her fundamental rights to life, personal liberty, dignity of her person, freedom of movement, and security as guaranteed under Sections 33, 34, 35, 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 Federation of Nigeria, 2011.”
The court further ruled: “The publication of the Applicant’s name and photograph on the website of the 2nd Respondent as having been declared ‘WANTED’ without complying with the provisions of Sections 41 and 42 of the ACJA, and without any valid charge or court order to that effect, amounts to a violation of the Applicant’s fundamental rights to the dignity of her person, personal liberty, freedom of movement, and security as guaranteed under Sections 34, 35, and 41 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Articles 5, 6, and 12 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (CAP A9) VOL.1 Laws of the Federation of Nigeria, 2011.”
The EFCC was directed to immediately remove Mrs. Emefiele’s name and photograph from the list of wanted persons on its website. Additionally, the EFCC was ordered to issue a public apology to Mrs. Emefiele on its website and pay her N3 million for the violation of her fundamental rights.