A Federal High Court in Lagos has ruled that the Economic and Financial Crimes Commission (EFCC) acted illegally in declaring Margaret Emefiele, wife of former Central Bank Governor Godwin Emefiele, as a wanted person.
Mrs. Emefiele sued the EFCC and its chairman for including her name on their wanted persons list and publishing her photograph on their website without a valid court order. In her suit (No. FHC/L/CS/262/2024), she argued that this action violated her fundamental human rights and requested the court to order the removal of her name and photograph from the EFCC’s website, along with an apology from the agency on two national television stations and three newspapers.
Justice D. I. Dipeolu delivered the judgment last Friday, stating that the EFCC’s actions were illegal as they did not comply with sections 41 and 42 of the Administration of Criminal Justice Act (ACJA) 2015. The judge also noted that there was no valid charge or court order justifying the EFCC’s actions.
The court ordered the EFCC to pay Mrs. Emefiele N3 million in damages for infringing on her rights. Justice Dipeolu affirmed that the applicant is entitled to the protection of her fundamental rights under the Nigerian Constitution and the African Charter on Human and Peoples’ Rights.
The judge stated: “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 and or court order to that effect, amounts to a violation of the applicant’s fundamental rights to the dignity of her person, right to personal liberty, freedom of movement and right to 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.”
The court directed the EFCC to immediately remove Mrs. Emefiele’s name and photograph from its list of wanted persons on its website.
