The Federal High Court, Kaduna Division, has ordered the Economic and Financial Crimes Commission to apologise to a Dubai-based businessman, Rabiu Tijjani, for unlawfully declaring him wanted.
Delivering judgment, Justice H. Buhari held that the EFCC acted outside its powers when it published Mr Tijjani’s photograph and name on its website without securing a valid court order or following due process.
Mr Tijjani, a Kano-born gold merchant, had filed a fundamental rights suit against the EFCC and a businessman, Ifeanyi Ezeokoli, over a disputed multimillion-dollar gold transaction dating back to 2022.
Court documents show that although both parties initially reconciled an overpayment of ₦26 million, an independent audit allegedly revealed an additional discrepancy of more than $2 million in Mr Tijjani’s favour. He subsequently reported the matter to the State Security Service, and both parties submitted documents for investigation.
The court heard that while the SSS’s inquiry was ongoing, Mr Ezeokoli petitioned the EFCC.
Mr Tijjani said that although the anti-graft agency contacted him via WhatsApp and he sent a representative, neither he nor his representative was invited again before the EFCC declared him wanted, a development he said damaged his international business reputation.
The judge noted that although the EFCC has the authority to declare suspects wanted, it must do so in line with established procedures, which include obtaining an order from a competent court.
He ruled that the arrest warrant obtained from a magistrate’s court did not authorise the EFCC to issue a public wanted declaration. The judge further stated that the EFCC should not involve itself in civil or commercial matters, particularly where another security agency in this case, the SSS is already handling an investigation.
He cited appellate court decisions cautioning agencies not to allow themselves to be used to settle business disputes or enforce debt recovery. The court declared the EFCC’s publication unconstitutional and a violation of
Mr Tijjani’s rights to personal liberty, freedom of movement and due process.
It ordered EFCC to immediately remove Mr Tijjani’s details from its website, issue a public apology, and pay ₦5 million in damages. Mr Tijjani had sought ₦1.5 billion and several other reliefs, but the court granted only part of his claims.
(NAN)
