Court Orders EFCC to Remove Emefiele's Wife from Wanted List: Here's Why

A Federal High Court sitting in Lagos has ruled that the declaration of Margaret Emefiele, wife of former Central Bank Governor Godwin Emefiele, as a wanted person by the Economic and Financial Crimes Commission (EFCC) is illegal. This decision follows a suit filed by Mrs. Emefiele against the EFCC and its chairman.

Margaret Emefiele had taken legal action after the EFCC declared her a wanted person and published her photographs on its website without any valid court order. In suit No. FHC/L/CS/262/2024, Mrs. Emefiele sought a declaration from the court that the EFCC's actions violated her fundamental human rights, including her rights to personal liberty, dignity, and freedom of movement.

Mrs. Emefiele also requested the court to compel the EFCC to remove her name and photograph from its wanted list and to issue a public apology for the alleged infringement of her rights. She specified that the apology should be broadcast on two national television stations and published in three national newspapers.

Last Friday, Justice D. I. Dipeolu delivered the judgment, agreeing with Mrs. Emefiele's claims. The court held that the EFCC's actions were illegal and did not comply with the provisions of sections 41 and 42 of the Administration of Criminal Justice Act (ACJA) 2015, nor was there any valid charge or court order supporting the declaration.

Justice Dipeolu stated, "The publication of the applicant's name and photograph on the website of the 2nd Respondent as having been declared 'WANTED' without complying with the provisions of sections 41 and 42 of the ACJA and without any valid charge or court order to that effect, amounts to a violation of the applicant's fundamental rights to the dignity of her person, right to personal liberty, freedom of movement and right to security.ÔÇØ

The judge further ordered the EFCC to immediately remove Mrs. Emefiele's name and photograph from its website. Additionally, the court awarded N3 million in damages to Mrs. Emefiele for the violation of her rights.

Justice Dipeolu emphasized that Mrs. Emefiele is entitled to the protection of her fundamental rights as guaranteed under the 1999 Constitution of Nigeria and the African Charter on Human and Peoples' Rights.

The court's decision underscores the importance of adhering to legal procedures and respecting individuals' fundamental rights. This ruling also highlights the judiciary's role in upholding the rule of law and protecting citizens from unlawful actions by government agencies.