A Federal High Court in Lagos has condemned the Economic and Financial Crimes Commission (EFCC) for declaring Margaret Emefiele, the wife of former Central Bank Governor Godwin Emefiele, wanted. The court ruled that the EFCC’s action was illegal and awarded ₦3 million in damages to Mrs. Emefiele.
Mrs. Emefiele had filed a lawsuit against the EFCC and its chairman after the commission declared her a wanted person and published her photograph on its website without a valid court order. In suit number FHC/L/CS/262/2024, she argued that the EFCC’s actions violated her fundamental human rights.
In her suit, Mrs. Emefiele requested that the court rule the EFCC’s decision to add her to the wanted persons list without any valid charge or court order as a violation of her rights. She also sought an order for the EFCC to remove her name and photograph from its website and to issue a public apology on two national television stations and in three newspapers.
Delivering the judgment, Justice D.I. Dipeolu stated that it was illegal for the EFCC to publish Mrs. Emefiele’s name and photograph on its website without complying with Sections 41 and 42 of the Administration of Criminal Justice Act (ACJA) 2015 and without a valid charge or court order.
The judge ordered the EFCC to pay Mrs. Emefiele ₦3 million as damages for the infringement of her rights. The court also directed the EFCC to immediately withdraw the publication of her name and photograph from its list of wanted persons and to issue a public apology on its website.
Justice Dipeolu declared, “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.”
The judge further 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 or court order, amounts to a violation of the Applicant’s fundamental rights.”
The ruling mandates the EFCC to withdraw the publication of Mrs. Emefiele’s name and photograph from its website and to issue a public apology. Additionally, the court awarded ₦3 million in damages for the violation of her fundamental rights.
