Court faults EFCC for declaring businessman wanted, awards N5m damages

The federal high court in Kaduna has declared illegal the decision of the Economic and Financial Crimes Commission (EFCC) to declare Rabiu Auwalu Tijjani, a Dubai-based businessman, wanted.

Hauwa’u Buhari, the trial judge, on Wednesday, nullified the publication of the anti-graft agency declaring Tijjani wanted.

Tijjani is a 43-year-old indigene of Dala LGA of Kano state.

THE CASE

In July, EFCC declared Tijjani wanted for alleged involvement in financial crime totalling nearly $2 million.

The anti-graft agency had said Rabiu is being sought in connection with a case of conspiracy, obtaining money by false pretence, and money laundering amounting to $1,931,700.

Tijani had threatened to take legal action against the EFCC for allegedly defaming him.

He protested that he is the aggrieved party in the business arrangement but is now being labelled an offender.

Displeased by the EFCC’s declaration, the businessman approached the court.

Tijani told the court that he was approached by one Ifeanyi Ezeokolu in January 2022 for a business deal valued at over $77 million with the intention that the payment would be in naira.

The Dubai-based businessman said the transaction was successfully carried out but upon reconciliation of the naira equivalent, he discovered that Ezeokolu overpaid him by N26 million.

Tijjani said he reached out to Ezeokolu over the excess payment, adding that he refunded the sum.

The businessman added that after he conducted an audit of the dollar transaction, he discovered that he overpaid Ezeokolu by $2 million.

Tijjani said when he contacted Ezeokolu over the development, the respondent became very hostile.

The businessman said he reported the matter to the Department of State Services (DSS) when he visited Nigeria in 2023.

Tijjani said the DSS invited both parties, asked for submission of documents, and suggested that independent auditors be consulted to review the transactions.

According to the court documents, the independent auditors took six months to get to the root of the matter because they found it difficult to unravel the identities of the two companies that received the sums.

While the investigation was ongoing, Ezeokolu approached the EFCC to report the matter.

THE JUDGMENT

Buhari held that the EFCC has the power to investigate and arrest the businessman, adding that the agency must always follow due process in its operations.

The presiding judge ruled that since the issue in question is purely a contract matter, the EFCC does not have the powers to interfere.

The judge ordered the EFCC to remove the publication declaring Tijjani wanted and apologise to the businessman.

“It is hereby declared that the act of 1st Respondent (EFCC) declaring the Applicant a wanted person on the official Website of the 1st Respondent without prior order or leave of Court of competent jurisdiction, first had and obtained to that effect is unconstitutional and constitutes a violation of the fundamental right of the Applicant to personal liberty and freedom of movement as guaranteed under Sections 34, 41, and 42 of the Constitution of the Federal Republic of Nigeria 1999 (as amended). The said publication is hereby set aside,” the judge ruled.

“An order is hereby made directing the 1st Respondent to remove from its Website the purported declaration made against the Applicant on its Website without complying with the provision of Section 41 and 42 of Administration of Criminal Justice Act (ACJA) 2015.

“The Respondent is directed to issue a public apology to the Applicant.

“The sum of five million naira (N5,000,000.00) is awarded against the 1st Respondent in favour of the Applicant.”