The Federal High Court sitting in Kaduna has directed the Economic and Financial Crimes Commission (EFCC) to issue 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.
In his judgment, Justice H. Buhari ruled that the EFCC acted “outside the ambit of the law” by publishing Tijjani’s photograph and personal details on its official website without obtaining a valid court order authorising such action.
“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 stated 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, instituted a fundamental rights enforcement suit against the EFCC and businessman Mr. Ifeanyi Ezeokoli. The dispute stemmed from a multimillion-dollar gold transaction dating back to 2022.
Court documents showed that both parties had earlier resolved an initial overpayment of ₦26 million.
However, a subsequent audit allegedly revealed an additional discrepancy of over $2 million in Tijjani’s favour.
He reported the issue to the Department of State Services (DSS), where both parties submitted documents and engaged independent auditors during an ongoing investigation.
Despite the DSS probe still being active, Ezeokoli later petitioned the EFCC. Tijjani told the court that 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 said. “Yet the EFCC proceeded to publish me as a wanted person, damaging my reputation internationally.”
Court Faults EFCC’s Actions
Justice Buhari stressed that while the EFCC has statutory powers to declare suspects wanted, such authority must be exercised strictly within the bounds of 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 held. He cautioned that investigative agencies must not be used “as tools for the settlement of purely civil or commercial disagreements.”
Citing several appellate court decisions, the judge reaffirmed that law-enforcement agencies must not be deployed for debt recovery or to exert pressure in business disputes.
Reliefs Granted
The court granted multiple reliefs in favour of Tijjani, including:
- A declaration that the EFCC’s publication was unconstitutional and violated his rights to personal liberty and freedom of movement.
- An order directing the immediate removal of the publication from the EFCC’s website.
- A directive compelling the EFCC to issue a public apology.
- An award of ₦5 million in damages against the Commission.
Although Tijjani had initially sought ₦1.5 billion and other extensive reliefs, the court granted only part of his claims.
Speaking through his lawyer 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.”
The EFCC has yet to respond publicly to the judgment.