UPDATE: DECLARING EMEFIELE’S WIFE WANTED ILLEGAL – COURT SAYS
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The wife of former Central Bank of Nigeria (CBN) Governor Godwin Emefiele, Magaret, has been declared a wanted person by the Economic and Financial Crimes Commission (EFCC), according to a Federal High Court ruling in Lagos.
The statement was delivered by Justice Deinde Dipeolu during her decision on a fundamental rights petition that Mrs. Emefiele had submitted.
In addition, the court mandated that the EFCC reimburse the woman N3 million for the rights violation.
Mrs. Emefiele had sued the chairman of the anti-graft agency and the agency itself for listing her as sought and posting her photos on the website without a court order.
She requested in the lawsuit that the court declare, among other things, that the EFCC’s decision to add her name to its wanted persons list in the absence of a court order or a legitimate charge violated her fundamental human rights.
She also asked the court to order the EFCC to apologize to her for the claimed infringement of her rights on two national television stations and three newspapers, as well as to remove her name and photograph from the list of wanted persons on its website.
Justice Dipeolu concurred in the ruling last Friday that it was unlawful for the EFCC to have posted Mrs. Emefiele’s name and photo as a wanted person on its website without following Sections 41 and 42 of the Administration of Criminal Justice Act (ACJA) 2015, as well as without a valid charge and/or a court order to that effect.
Following hearing the applicant’s and the EFCC’s legal team’s arguments, Justice Dipeolu declared:
“I grant in favour of the Applicant as follows: “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 fist of persons wanted by the Respondents on its website.
“The respondents is directed to issue a public apology to the Applicant on its website where the name and photographs of the applicant was published among 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.”
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