EFCC Hit with N10 Million Penalty for Declaring Pastor and Wife Wanted Without Court Order

A Federal High Court in Yenagoa, Bayelsa State, has ordered the Economic and Financial Crimes Commission (EFCC) to pay N10 million in damages to Pastor Oyinmiebi Biribena and his wife, Pastor Beatrice Biribena, for declaring them wanted without a court order. The decision came after the court determined that the EFCC’s actions were unconstitutional and a violation of the plaintiffs’ fundamental rights.

The controversy began on June 8, 2022, when the EFCC published a notice declaring the Biribenas wanted. Pastor Oyinmiebi Biribena leads the Christ Embassy Church in Kumasi, Ghana. The court, presided over by Justice Dashen, ruled that the EFCC’s publication was unjustified and lacked legal grounding, resulting in a breach of the couple’s rights to personal liberty, freedom of movement, private and family life, and human dignity.

The case (No. FHC/YNG/CS/132/2022) was filed by the Biribenas on June 10, 2022, seeking the enforcement of their fundamental human rights. The court’s judgment not only mandated the EFCC to compensate the plaintiffs with N10 million but also directed the agency to issue a public apology for its unlawful declaration.

Additionally, the court issued an order restraining the EFCC from inviting, harassing, arresting, or detaining the plaintiffs while a related case (No. FHC/YNG/CS/125/2022) between Bliss Multinational Perfections Limited and the EFCC is pending.

The ruling underscores the court’s stance on the limits of EFCC’s authority, particularly in relation to civil matters. Justice Dashen emphasized that the EFCC’s scope does not extend to disputes arising from civil transactions within registered cooperative societies, pointing to specific provisions in the Nigeria Cooperative Societies Act, 1993, and the Cooperative Societies Law of Bayelsa State.

In a related matter, the court ruled that the EFCC’s seizure and sealing of several properties owned by Bliss Multinational Perfections Limited and Oyinmiebi Biribena were unlawful, as was the freezing of Biribena’s bank account without proper authorization.

Though the plaintiffs initially sought N100 million in damages, the court awarded N10 million, signaling a significant victory for those affected by unjustified declarations and overreaching actions by enforcement agencies. This ruling serves as a reminder that agencies like the EFCC must adhere to legal procedures and respect individuals’ fundamental rights in their operations.