A Lagos federal court has criticized the Economic and Financial Crimes Commission (EFCC) for declaring Margaret Emefiele, wife of former Central Bank of Nigeria (CBN) governor, Godwin Emefiele, a wanted man.
On Friday, Justice Presiding Judge Deinde Dipeolu ruled in favor of Margaret’s fundamental rights case, ordering the EFCC to pay her N3 million in damages for violating her rights. In February, the EFCC had declared Margaret wanted for alleged money laundering, publishing her photos and details, along with those of three others, Eric Ocheme Odoh, Anita Joy Omoile and Jonathan Omoile, on its website and social media pages.
According to a notice signed by Dele Oyewale, the EFCC’s head of media and publicity, the four individuals allegedly colluded with the former CBN governor to siphon off huge sums from the federal government coffers. Margaret, outraged by the EFCC’s actions, sued the agency and its chairman for declaring her wanted and publishing her photograph without a valid court order.
He asked the court to order the EFCC to remove his name and photograph from the wanted list and publish a public apology on two national television stations and three newspapers for the alleged violation of rights. In his ruling, Justice Dipeolu agreed that the EFCC’s actions were unlawful as they did not comply with the provisions of Sections 41 and 42 of the Administration of Criminal Justice Act (ACJA), 2015 and were carried out without any valid charge or court order.
“That the applicant is entitled to the protection of her fundamental rights to life, personal liberty, the right to dignity of person, freedom of movement and the right to security as guaranteed by Sections 33, 34, 35 and 41 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended),” the judge ruled. “That the publication of the applicant’s name and photograph on the respondent’s website as “WANTED” without complying with the provisions of Sections 41 and 42 of the ACJA and without any valid charge and/or court order to that effect, amounts to a violation of the applicant’s fundamental rights to dignity of person, the right to personal liberty, freedom of movement and the right to security.” As guaranteed by Sections 34, 35 and 41 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Articles 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 defendant is requested to immediately withdraw the publication of the applicant’s name and photographs from the list of persons wanted by the defendants on its website.
“The defendants are required to publish a public apology to the applicant on his website, where the applicant’s name and photographs have been published among the list of wanted persons.
“The sum of N3 million is awarded to the defendants jointly and severally in favour of the appellant for the violation of her fundamental rights.”
