The Federal High Court has imposed a ₦3 million fine on the Economic and Financial Crimes Commission (EFCC) for unlawfully declaring Mrs. Margaret Emefiele, wife of the former Central Bank of Nigeria (CBN) governor, Mr. Godwin Emefiele, wanted without a court order, infringing her constitutional rights.
In Lagos, the court invalidated the EFCC’s actions and mandated the agency and its chairman to pay ₦3 million in damages to Mrs. Emefiele. The court ruled that the EFCC had no authority to declare anyone wanted without a court’s directive.
Mrs. Emefiele filed a fundamental rights enforcement suit against the EFCC on February 14, 2024, contesting the publication of her name and photo on the EFCC’s website labeling her as “wanted.”
She argued that this act, done without a formal invitation, valid charge, or court order, violated her 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.
She emphasized that she is a law-abiding citizen who has never been summoned by the EFCC for any allegations and that there were no criminal charges pending against her. The publication on the EFCC’s website, which also spread on social media and online news platforms, caused significant concern and damage to her reputation.
The EFCC countered, claiming they had tried unsuccessfully to contact Mrs. Emefiele regarding a corruption and money laundering investigation. They also argued that the publication was based on court orders to arrest and produce her in court.
However, Justice D. I. Dipeolu ruled in favor of Mrs. Emefiele, stating that the EFCC violated her rights by publishing her as wanted without a court order. The judge noted that only a court has the authority to issue such public summons and criticized the EFCC for overstepping its bounds.
The court concluded that Mrs. Emefiele had suffered damages due to the EFCC’s actions, as evidenced by the exhibits she presented, thus warranting the compensation awarded.