A Federal High Court in Lagos has ruled that the Economic and Financial Crimes Commission’s (EFCC) declaration of Margaret Emefiele, wife of former Central Bank Governor Godwin Emefiele, as a wanted person is illegal. Mrs. Emefiele took legal action against the EFCC and its chairman after they published her photographs on their website without a valid court order.
In case number FHC/L/CS/262/2024, Mrs. Emefiele asked the court to determine that the EFCC’s decision to list her as a wanted person without valid charges or a court order violated her fundamental human rights. She also requested that the court order the EFCC to remove her name and photograph from their wanted persons list and issue an apology in two national television stations and three newspapers.
Last Friday, Justice D. I. Dipeolu delivered the judgment, declaring the EFCC’s actions illegal. The judge stated that the EFCC had not complied with Sections 41 and 42 of the ACJA, 2015, and had no valid charge or court order. The court ordered the EFCC to pay Mrs. Emefiele N3 million in damages for the rights violation.
After reviewing the arguments from both the applicant and the EFCC’s legal team, Justice Dipeolu ruled in favor of Mrs. Emefiele. The judge affirmed that her fundamental rights to life, personal liberty, dignity, freedom of movement, and security are protected under Sections 33, 34, 35, and 41 of the 1999 Constitution and Articles 4, 5, 6, and 12 of the African Charter on Human and Peoples’ Rights.
The court held that the EFCC’s publication of Mrs. Emefiele’s name and photograph without adhering to the ACJA provisions and lacking a valid charge or court order was a violation of her rights to dignity, personal liberty, freedom of movement, and security as guaranteed by the Nigerian Constitution and the African Charter.