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Court nullifies EFCC’s declaration of Mrs Emefiele as ‘Wanted Person’
A Federal High Court sitting in Lagos has declared as
illegal, the declaration of the wife of former Central Bank Governor, Godwin
Emefiele, Margaret as a wanted person by the Economic and Financial Crimes
Commission, EFCC.
Mrs. Emefiele had dragged the Commission and its chairman
before the court for declaring her a wanted person and publishing her
photographs on its website without any valid court order.
In the suit number FHC/L/CS/262/2024, Mrs Emefiele prayed
the court to among other things, hold that the decision by the EFCC to add her
name to its wanted persons list without any valid charge and or court order,
amounted to a violation of her fundamental human right.
She also prayed the court to order the EFCC to remove her
name and photograph from the wanted persons list on its website and to
apologise to her for the alleged rights infringement in two national television
stations and three newspapers.
Delivering judgment in the suit last week Friday, Justice D.
The judge also ordered the EFCC to pay the applicant
After perusing the arguments of the applicant and the EFCC
“That the publication of the Applicant’s name and photograph
“The Respondent is directed to immediately withdraw the
“The Respondents is Click to signup for FREE news updates, latest information and hottest gists everyday
I. Dipeolu held that it was illegal for the EFCC to have published the name and
photograph of Mrs Emefiele on its website as a wanted person without complying
with the provisions of Sections 41 and 42 of the ACJA, 2015 and without any
valid charge and or a court order to that effect.
N3million as damages for infringement of the right.
legal team, the judge held: “I grant in favour of the Applicant as follows:
“That the Applicant is 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, 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.
on the website of the 2 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 (Ratification and
Enforcement) Act (CAP A9) VOL.1 Laws of the Federation of Nigeria, 2011.
publication of the Applicant’s name and photographs from the fist of persons
wanted by the Respondents on its website.
directed to issue a public apology to the Applicant on its website where the
name and photograph of the applicant was published among list of persons
wanted. The sum of N3million is awarded
against the Respondents jointly and severally in favour of the Applicant for
the violation of her Fundamental Rights.”
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