Federal High Court Fines EFCC N3 Million for Wrongful Declaration of Emefiele’s Wife as Wanted

The Federal High Court in Lagos has fined the Economic and Financial Crimes Commission (EFCC) N3 million for unlawfully declaring Margaret Emefiele, wife of former Central Bank of Nigeria (CBN) Governor Godwin Emefiele, as wanted.

The court, presided over by Judge Deinde Dipeolu, found that the EFCC violated Margaret Emefiele’s fundamental rights by listing her as wanted without a valid court order. This decision was made in response to a suit filed by Margaret against the EFCC, seeking redress for the infringement of her rights.

The EFCC had declared Margaret wanted in February for alleged money laundering, publishing her photos and details, along with three others, on its website and social media. The individuals named alongside Margaret were Eric Ocheme Odoh, Anita Joy Omoile, and Jonathan Omoile, all accused of colluding with the former CBN governor to divert substantial sums from federal government funds.

Margaret contested the EFCC’s actions, arguing that the agency’s public declaration of her as wanted and the publication of her photograph were done without following due legal process. She requested the court to mandate the EFCC to remove her name and photo from its wanted list and issue a public apology.

In his judgment, Judge Dipeolu affirmed that the EFCC acted illegally by not adhering to Sections 41 and 42 of the Administration of Criminal Justice Act (ACJA) 2015, which stipulate the proper procedure for declaring individuals wanted. The judge emphasized that Margaret’s fundamental rights to life, personal liberty, dignity, freedom of movement, and security were protected under the Nigerian Constitution and the African Charter on Human and Peoples’ Rights.

“The publication of the Applicant’s name and photograph on the website of the Respondent as having been declared ‘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,” the judge ruled.

The court ordered the EFCC to immediately withdraw Margaret’s name and photograph from its wanted list and to issue a public apology on its website. Additionally, the EFCC was directed to pay N3 million in damages to Margaret for the violation of her rights.