The Federal High Court sitting in Kaduna has ordered the Economic and Financial Crimes Commission (EFCC) to issue a public apology to a Dubai-based businessman, Alhaji Rabiu Tijjani, after finding that the Commission unlawfully declared him wanted.
The court also awarded ₦5 million in damages against the EFCC.
Delivering judgment, Justice H. Buhari held that the EFCC acted outside the scope of its legal powers when it published Tijjani’s photograph and personal details on its official website without obtaining a valid court order authorising such action.
According to the certified true copy of the judgment released on Thursday, the court ruled that the declaration of Tijjani as wanted without due process was unlawful, unconstitutional, and a violation of his fundamental rights. The judge further held that an arrest warrant issued by a Magistrate’s Court does not, on its own, empower the EFCC to publicly declare a person wanted.
Tijjani, a Kano-born gold merchant based in Dubai, instituted a fundamental rights enforcement suit against the EFCC and businessman Ifeanyi Ezeokoli. The case arose from a disputed multimillion-dollar gold transaction between the parties dating back to 2022.
Court records showed that the parties initially resolved an overpayment of ₦26 million. However, a subsequent audit allegedly revealed an additional discrepancy of more than $2 million in Tijjani’s favour.
The matter was later reported to the Department of State Services (DSS), where both parties submitted documents and engaged independent auditors during an ongoing investigation.
While the DSS investigation was still ongoing, Ezeokoli petitioned the EFCC. Tijjani told the court that the Commission contacted him only once via WhatsApp, after which he sent a representative. He maintained that he received no further invitation before the EFCC published his name as a wanted person.
Justice Buhari noted that although the EFCC has statutory authority to investigate financial crimes and declare suspects wanted, such powers must be exercised strictly in accordance with the law. He cautioned that law-enforcement agencies should not be used to resolve commercial or civil disputes, particularly where another security agency is already handling the matter.
Citing established appellate authorities, the court reaffirmed that investigative agencies must not be deployed for debt recovery or as a means of exerting pressure in business disagreements.
The court consequently granted several reliefs in favour of the applicant, including declarations that the EFCC’s publication violated his rights to personal liberty and freedom of movement, an order directing the immediate removal of the publication from the Commission’s website, a directive mandating a public apology, and the award of ₦5 million in damages.
Although Tijjani had sought ₦1.5 billion in damages and additional reliefs, the court granted only part of his claims.
Reacting through his counsel after the judgment, Tijjani described the ruling as a reaffirmation of the rule of law, stating that it underscored the need for investigative agencies to exercise their powers within constitutional limits.
