A Federal High Court in Lagos has declared the Economic and Financial Crimes Commission’s (EFCC) declaration of Margaret Emefiele, wife of former Central Bank Governor Godwin Emefiele, as a wanted person, to be illegal.
Mrs. Emefiele had filed a lawsuit against the Commission and its chairman 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 the court to rule that the EFCC’s action of adding her name to its wanted persons list 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 for the alleged rights infringement on two national television stations and in three newspapers.
Delivering the judgment last Friday, Justice D. I. Dipeolu held that the EFCC’s publication of Mrs. Emefiele’s name and photograph on its website as a wanted person was illegal because it did not comply with Sections 41 and 42 of the Administration of Criminal Justice Act (ACJA), 2015, and lacked a 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 reviewing the arguments presented by both the applicant and the EFCC legal team, the judge ruled: “I grant in favor of the Applicant as follows: The Applicant is entitled to the protection of her fundamental rights to life, personal liberty, the 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 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 Respondent is directed to immediately withdraw the publication of the Applicant’s name and photograph from the list of persons wanted by the Respondents on its website.
The Respondent is directed to issue a public apology to the Applicant on its website where the name and photograph of the applicant were published among the list of persons wanted.
The sum of N3 million is awarded against the Respondents jointly and severally in favor of the Applicant for the violation of her fundamental rights.”
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