The Federal High Court in Kaduna has ordered the Economic and Financial Crimes Commission (EFCC) to apologise to a Dubai-based businessman, Alhaji Rabiu Auwalu Tijjani, for unlawfully declaring him wanted.
Delivering judgment, Justice H. Buhari held that the EFCC acted outside its powers when it published Tijjani’s photograph and name on its website without securing a valid court order or following due process.
The ruling was contained in a certified true copy made available on Thursday.
Tijjani, a Kano born gold merchant, had filed a fundamental rights suit against the EFCC and a businessman, Mr. Ifeanyi Ezeokoli, over a disputed multi million 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 Tijjani’s favour.
He subsequently reported the matter to the Department of State Services (DSS), and both parties submitted documents for investigation.
The court heard that while the DSS inquiry was ongoing, Ezeokoli petitioned the EFCC. Tijjani said that although the Commission 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.
Justice Buhari held 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 matters that are civil or commercial in nature, particularly where another security agency in this case, the DSS 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 Tijjani’s rights to personal liberty, freedom of movement and due process.
It ordered the Commission to immediately remove Tijjani’s details from its website, issue a public apology, and pay ₦5 million in damages.
Tijjani had sought ₦1.5 billion and several other reliefs, but the court granted only part of his claims.
Follow us on all social media platforms @dailyquery for news and analyses around the globe.
