The Federal High Court sitting in Kaduna has ordered the Economic and Financial Crimes Commission (EFCC) to tender a public apology to Dubai-based businessman, Alhaji Rabiu Tijjani, for unlawfully declaring him wanted.
The court also awarded ₦5 million in damages against the Commission.
Delivering judgment, Justice H. Buhari held that the EFCC acted “outside the ambit of the law” when it published Tijjani’s photograph and details on its official website without first securing a valid court order authorising such a declaration.
“The action of the first respondent in declaring the applicant wanted without following due process is unlawful, unconstitutional, and a violation of his fundamental rights,” the judge ruled in the certified true copy of the judgment released on Thursday. “A mere arrest warrant issued by a Magistrate’s Court does not empower the EFCC to publicly brand a citizen as wanted.”
Case Background
Tijjani, a Kano-born gold merchant based in Dubai, filed a fundamental rights enforcement suit against the EFCC and businessman Mr. Ifeanyi Ezeokoli. The matter arose from a disputed multimillion-dollar gold transaction dating back to 2022.
According to court filings, both parties had reconciled an initial overpayment of ₦26 million.
However, a later audit allegedly uncovered an additional discrepancy of over $2 million in Tijjani’s favour.
He subsequently reported the matter to the Department of State Services (DSS), where both sides submitted documents and engaged independent auditors during an ongoing investigation.
While the DSS inquiry was still active, Ezeokoli petitioned the EFCC. Tijjani said the Commission contacted him only once via WhatsApp, after which he sent a representative. “At no time after that single communication was I invited again,” he told the court. “Yet the EFCC proceeded to publish me as a wanted person, damaging my reputation internationally.”
Court Faults EFCC’s Actions
Justice Buhari emphasised that although the EFCC has statutory authority to declare suspects wanted, such powers must be exercised strictly in accordance with the law.
“The Commission cannot unilaterally declare a person wanted over a commercial dispute, especially when another security agency is already seized of the matter,” the judge stated. He further warned that investigative agencies must not be used “as tools for the settlement of purely civil or commercial disagreements.”
Citing multiple appellate decisions, the court reaffirmed that law-enforcement bodies must not be deployed to enforce debt recovery or exert pressure in business disputes.
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Reliefs Granted
The court granted several declarations and orders in Tijjani’s favour, including:
* That the EFCC’s publication was unconstitutional and a violation of his rights to personal liberty and freedom of movement.
* That the publication must be immediately removed from the Commission’s website.
* That the EFCC must issue a public apology to Tijjani.
* That the Commission must pay ₦5 million in damages.
Although the applicant initially sought ₦1.5 billion and other extensive reliefs, the court granted only a portion of his requests.
Speaking through his counsel after the judgment, Tijjani described the ruling as “a victory for justice and a reminder that agencies must not misuse their powers.” He added, “My name and reputation were dragged unfairly. Today, the court has corrected that wrong.”
Source: Channels TV
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