The Federal High Court in Kaduna has ruled in favor of Dubai-based businessman Alhaji Rabiu Tijjani, ordering the Economic and Financial Crimes Commission (EFCC) to publicly apologize for unlawfully declaring him wanted. The court also awarded Tijjani ₦5 million in damages.
In the judgment delivered by Justice H. Buhari, it was determined that the EFCC acted beyond its legal authority by publishing Tijjani’s photograph and details on its official website without obtaining a valid court order for such a declaration. The court found that declaring Tijjani wanted without following due process constituted an unlawful and unconstitutional violation of his fundamental rights. Justice Buhari clarified that an arrest warrant from a Magistrate’s Court does not grant the EFCC the power to publicly label a citizen as wanted.
Background of the Case
Tijjani, a gold merchant originally from Kano and now based in Dubai, filed a fundamental rights enforcement suit against the EFCC and businessman Ifeanyi Ezeokoli. The case stemmed from a disputed multimillion-dollar gold transaction dating back to 2022. Initially, both parties reconciled an overpayment of ₦26 million, but a subsequent audit revealed an additional discrepancy of over $2 million in Tijjani’s favor. Tijjani reported the issue to the Department of State Services (DSS), where both parties submitted documents and engaged independent auditors during an ongoing investigation.
While the DSS inquiry was still active, Ezeokoli petitioned the EFCC. Tijjani claimed that the Commission contacted him only once via WhatsApp, after which he sent a representative. He asserted that he was not invited again, yet the EFCC proceeded to declare him wanted, which he argued severely damaged his international reputation.
Court’s Findings
Justice Buhari emphasized that while the EFCC has the statutory authority to declare suspects wanted, this power must be exercised in strict accordance with the law. The judge noted that the EFCC cannot unilaterally declare a person wanted over a commercial dispute, particularly when another security agency is already involved. He cautioned against using investigative agencies as tools for resolving civil or commercial disagreements.
The court reaffirmed that law enforcement agencies should not be utilized for debt recovery or to exert pressure in business disputes, citing multiple appellate decisions to support this stance.
Reliefs Granted
The court granted several declarations and orders in Tijjani’s favor, including:
• A declaration that the EFCC’s publication was unconstitutional and violated his rights to personal liberty and freedom of movement.
• An order for the immediate removal of the publication from the EFCC’s website.
• A requirement for the EFCC to issue a public apology to Tijjani.
• An award of ₦5 million in damages.
Although Tijjani initially sought ₦1.5 billion and additional extensive reliefs, the court granted only a portion of his requests.
Following the ruling, Tijjani’s counsel described the judgment as a “victory for justice” and a reminder that agencies must not misuse their powers. Tijjani expressed relief that the court had corrected the damage to his name and reputation. As of now, the EFCC has not issued a public statement regarding the ruling.
