The Federal High Court in Kaduna has ordered the Economic and Financial Crimes Commission, EFCC, to issue a public apology to Dubai-based businessman Alhaji Rabiu Tijjani for unlawfully declaring him wanted.
In the judgement, Justice H. Buhari held that the EFCC exceeded its authority by posting Tijjani’s name and photograph on its website without obtaining a valid court order or adhering to due process.
Details of the ruling were disclosed in a certified true copy released on Thursday.
Tijjani, a gold dealer from Kano, had filed a fundamental rights suit against the EFCC and businessman Mr Ifeanyi Ezeokoli over a disputed multimillion-dollar gold transaction dating back to 2022.
According to court filings, although both men initially resolved an overpayment of N26 million, an independent audit later uncovered 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. However, while the DSS probe was ongoing, Ezeokoli approached the EFCC.
Tijjani told the court that, although the EFCC contacted him via WhatsApp and he sent a representative, neither he nor his representative was invited again before the Commission declared him wanted — an action he said severely harmed his international business reputation.
Justice Buhari ruled that, while the EFCC has the power to declare individuals wanted, it must follow due procedure, including obtaining an order from a competent court.
He held that the arrest warrant secured from a Magistrate’s Court did not empower the EFCC to issue a public notice declaring Tijjani wanted.
The judge added that the EFCC should refrain from intervening in civil or commercial matters, particularly when another security agency, in this case, the DSS, is already investigating the issue.
He cited appellate court judgments warning agencies against being used to settle business disputes or recover debts.
The court ruled that the EFCC’s publication was unconstitutional and violated Tijjani’s rights to personal liberty, freedom of movement, and due process.
It ordered the Commission to immediately remove Tijjani’s information from its website, issue a public apology, and pay N5 million in damages.
Tijjani had requested N1.5 billion in damages and other reliefs, but the court granted only a portion of his claims.
Click to signup for FREE news updates, latest information and hottest gists everydayAdvertise on NigerianEye.com to reach thousands of our daily users
No comments
Post a Comment
Kindly drop a comment below.
(Comments are moderated. Clean comments will be approved immediately)
Advert Enquires - Reach out to us at NigerianEye@gmail.com