A Federal High Court in Lagos has ruled that the Economic and Financial Crimes Commission (EFCC) acted illegally in declaring Margaret Emefiele, wife of the former Central Bank of Nigeria (CBN) Governor Godwin Emefiele, a wanted person. Justice Deinde Dipeolu issued this ruling in response to a fundamental rights application filed by Mrs. Emefiele. The court ordered the EFCC to pay her ₦3 million in damages for infringing on her rights.
Mrs. Emefiele had taken legal action against the EFCC and its chairman for declaring her wanted and posting her photographs on their website without a valid court order. She argued that this action violated her fundamental human rights. In her suit, she requested the court to declare the EFCC’s actions illegal, remove her name and photograph from the wanted persons list on their website, and issue a public apology through two national television stations and three newspapers.
Justice Dipeolu's judgment, delivered last Friday, affirmed that the EFCC's publication of Mrs. Emefiele's name and photograph as a wanted person was illegal due to non-compliance with Sections 41 and 42 of the Administration of Criminal Justice Act (ACJA) 2015, and the absence of a valid charge or court order.
After considering the arguments from both the applicant and the EFCC's legal team, Justice Dipeolu ruled in favor of Mrs. Emefiele. He stated that the publication violated her fundamental rights to dignity, personal liberty, freedom of movement, and security as guaranteed by the Nigerian Constitution and the African Charter on Human and Peoples’ Rights. The court directed the EFCC to immediately remove her name and photographs from their wanted persons list and issue a public apology on their website. Additionally, the court awarded ₦3 million in damages to Mrs. Emefiele for the violation of her fundamental rights.
