Court Faults EFCC for Declaring Dubai-Based Businessman Wanted, Awards ₦5m Damages
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Court Faults EFCC for Declaring Dubai-Based Businessman Wanted, Awards ₦5m Damages

Court
Court

The Federal High Court sitting in Kaduna has declared the Economic and Financial Crimes Commission’s (EFCC) decision to publish Dubai-based businessman, Alhaji Rabiu Auwalu Tijjani, as a wanted person unlawful, ruling that the Commission violated his fundamental rights.

Delivering judgment on Wednesday, Justice H. Buhari held that the EFCC acted outside the law when it published Tijjani’s name and photograph on its official website without first obtaining a court order or exhausting all available procedural avenues.

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Background of the Case

Tijjani, a renowned gold merchant based in Dubai, had filed a fundamental rights enforcement suit against the EFCC and businessman Mr. Ifeanyi Ezeokoli, following the Commission’s July 11, 2025 online publication declaring him wanted over a disputed commercial transaction.

According to court documents, the applicant and the second respondent had engaged in a multi-million-dollar gold-related transaction in 2022. While both parties initially reconciled an overpayment of ₦26 million, a later independent audit allegedly revealed a further discrepancy of over $2 million in the applicant’s favour.

Tijjani reported the matter to the Department of State Services (DSS), and both parties submitted documents for investigation, including engaging independent auditors. However, while the DSS investigation was still ongoing, Ezeokoli petitioned the EFCC.

The EFCC later contacted Tijjani via WhatsApp during its investigation, after which he sent a representative. He told the court that neither he nor his representative was subsequently invited again before the Commission proceeded to publish him as wanted, an action he said damaged his reputation and business interests globally.

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Court’s Findings

Justice Buhari held that although the EFCC has statutory powers to declare a suspect wanted, such action must strictly follow due process, including securing an order of a competent court.

He noted that the arrest warrant obtained by the Commission from a Magistrate Court did not authorize a public declaration of the applicant as wanted.

Solacebase reports that court also emphasized that the EFCC must not meddle in disputes arising purely from civil or commercial transactions, especially where another security agency such as the DSS is already handling the matter.

Citing multiple appellate decisions, the judge stressed that investigative bodies must not be used as tools for settling commercial disagreements or enforcing debt repayment.

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Reliefs Granted

The court declared the EFCC’s publication as: Unconstitutional, a violation of Tijjani’s rights to personal liberty and freedom of movement, and a breach of due process.

Justice Buhari therefore ordered the following: The EFCC must immediately remove the publication declaring Tijjani wanted from its website.

A public apology must be issued to the applicant. The EFCC must pay Tijjani ₦5 million as damages.

While the applicant originally sought ₦1.5 billion in damages and other extensive reliefs, the court granted only a portion of the requests.

 

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