A federal high court in Lagos has criticised the Economic and Financial Crimes Commission (EFCC) for declaring Margaret, Godwin Emefiele’s wife, wanted.
On Friday, presiding judge Deinde Dipeolu ordered the EFCC to pay Margaret N3 million in damages for breach of her rights.
In February, the EFCC designated Margaret sought for alleged money laundering.
The anti-graft agency’s website and social media accounts featured images and facts about Margaret and three others.
The three other people were identified as Eric Ocheme Odoh, Anita Joy Omoile, and Jonathan Omoile.
In a notification written by Dele Oyewale, the agency’s head of media and communications, the EFCC said the quartet conspired with the former CBN governor to syphon “huge sums” from federal government coffers.
Margaret sued the anti-graft agency and its head, claiming they declared her a wanted person and published her photograph on their website without a proper court order.
She also asked the court to order the EFCC to remove her name and photograph from the wanted list and to apologise to her for allegedly violating her rights on two national television stations and three newspapers.
Dipeolu agreed in his decision that it was illegal for the EFCC to publish Margaret’s name and photograph as a wanted person without complying with Sections 41 and 42 of the Administration of Criminal Justice Act (ACJA) 2015, as well as without a valid charge and/or court order to that effect.
The judge ruled:
“That the Applicant is entitled to the protection of her fundamental rights to life, personal liberty, right to dignity of her person, freedom of movement and right to security as guaranteed under Sections 33, 34, 35 and 41 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).”
“And Articles 4, 5, 6 and 12 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (CAP A9) VOL.1 Laws of the Federation of Nigeria, 2011.
“That the publication of the Applicant’s name and photograph on the website of the Respondent as having been declared “WANTED” without complying with the provisions of Sections 41 and 42 of the ACJA, and without any valid Charge and/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.
“As guaranteed under Sections 34, 35 and 41 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Articles 5, 6 and 12 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (CAP A9) VOL.1 Laws of the Federation of Nigeria, 2011.
“The respondent is directed to immediately withdraw the publication of the applicant’s name and photographs from the list of persons wanted by the respondents on its website.
“The respondents are directed to issue a public apology to the applicant on its website where the name and photographs of the applicant were published among the list of persons wanted.
“The sum of N3 million is awarded against the respondents jointly and severally in favour of the applicant for the violation of her fundamental rights.”
Source: TheCable
