The Federal High Court in Kaduna has ruled that the Economic and Financial Crimes Commission (EFCC) violated the fundamental rights of a Dubai-based businessman, Alhaji Rabiu Auwalu Tijjani, when it declared him wanted without following due legal procedures.
Delivering judgment, Justice H. Buhari held that the EFCC exceeded its statutory powers by publishing Tijjani’s name and photograph on its website without first obtaining a valid court order or exhausting all lawful steps required for such an action.
The judgment was contained in a certified true copy released on Thursday.
Tijjani, a Kano-born gold merchant, filed a fundamental rights enforcement suit against the EFCC and businessman Ifeanyi Ezeokoli. He argued that the commission’s action amounted to harassment and a breach of his constitutional rights.
While the EFCC obtained an arrest warrant from a Magistrate’s Court, Justice Buhari ruled that the warrant did not authorize a public declaration of the applicant as a wanted person.
Justice Buhari clarified that although the EFCC is legally empowered to declare individuals wanted, it must follow established procedures, including securing the approval of a competent court before making such publications.
The EFCC should not interfere in matters that arise solely from civil or commercial disputes.
In this case, the Department of State Services (DSS) was already investigating the dispute, and EFCC’s involvement risked being used to settle private business disagreements.
Appellate courts have repeatedly cautioned investigative agencies against being used as tools for enforcing debts or resolving commercial conflicts.
The court ruled that the EFCC’s publication infringed on Tijjani’s rights to personal liberty, freedom of movement, and due process. It therefore ordered:
1. Immediate removal of Tijjani’s name and photograph from the EFCC website.
2. A public apology to the applicant.
3. Payment of ₦5 million in damages to Tijjani.
Although Tijjani sought ₦1.5 billion in compensation and additional reliefs, the court granted only part of his requests.
