Court Orders EFCC to Apologise, Pay Damages to Dubai-Based Businessman Over Unlawful ‘Wanted’ Notice
The Federal High Court in Kaduna has ordered the Economic and Financial Crimes Commission (EFCC) to issue a public apology to Dubai-based businessman Alhaji Rabiu Tijjani for unlawfully declaring him wanted without following due process.
In a judgment made available on Thursday, Justice H. Buhari ruled that the EFCC acted outside its statutory powers when it published Tijjani’s name and photograph on its website without securing a valid court order.
Tijjani, a Kano-born gold merchant, had filed a fundamental rights suit against the EFCC and another businessman, Mr. Ifeanyi Ezeokoli, over a disputed multimillion-dollar gold transaction dating back to 2022. Court records show that although both parties reconciled an initial overpayment of ₦26 million, an independent audit later indicated an additional discrepancy of more than $2 million in Tijjani’s favour.
He reported the matter to the Department of State Services (DSS), and both parties submitted documents for investigation. However, while the DSS inquiry was ongoing, Ezeokoli petitioned the EFCC. Tijjani told the court that although the Commission contacted him via WhatsApp and he sent a representative, he was never invited again before being declared wanted — a move he said harmed his international business reputation.
Justice Buhari held that although the EFCC is empowered to declare suspects wanted, it must do so in accordance with established procedures, which include obtaining an order from a competent court. He ruled that the arrest warrant obtained by the EFCC from a Magistrate’s Court did not authorise the publication of a wanted notice.
The judge also faulted the Commission for intervening in what was essentially a civil or commercial dispute already being handled by the DSS. He cited appellate court precedents warning law enforcement agencies against being used to settle business disagreements or enforce debt recovery.
The court declared the EFCC’s publication unconstitutional and a violation of Tijjani’s rights to personal liberty, freedom of movement and due process. It ordered the Commission to take down the publication, issue a public apology and pay ₦5 million in damages.
Tijjani had sought ₦1.5 billion and additional reliefs, but the court granted only part of his claims.
