The Federal High Court in Lagos has ordered the Economic and Financial Crimes Commission (EFCC) to pay N3 million to a businessman, Idaresit Monday Ekpo, for breaching his fundamental rights.
Justice Deinde Dipeolu declared the confiscation of his International Passport since 2015 as illegal and a gross violation of his rights to personal liberty, freedom of movement and right to own property.
He ordered the anti-graft agency to release the passport without further delay.
Justice Dipeolu ordered the EFCC to forthwith delete the businessman’s name and picture(s) from its wanted list and to pay him N3 million as damages for reputational harm done to him.
The judge made the orders in a judgment on a fundamental rights enforcement suit FHC/L/CS/1885/2024 filed by the businessman with EFCC as the sole respondent.
Ekpo, through his lawyer, C. Anyanwu, sought a declaration that the seizure of the applicant’s passport and continuous publication of his name and picture on the respondent’s wanted list were unlawful and unconstitutional, as they violated his right to dignity guaranteed under Section 34 of the 1999 Constitution and Article’5 of the African Charter on Human and People’s Rights.
He prayed the court to order the deletion of his name from the wanted list, the release of his passport, and N100 million in damages.
Justice Dipeolu held that: “Having failed to challenge the applicant’s affidavit in support of the application, the respondent has admitted all the depositions therein as true and unchallenged.
“The continuous seizure of the applicant’s International Passport by the respondent since 2015 is illegal, unconstitutional and a gross violation of the applicant’s fundamental rights to personal liberty, freedom of movement and right to own and retain possession of property guaranteed under Sections 35 (1), 41 (1), and 44 (1) of the Constitution of the Federal Republic of Nigeria 1999 (As Amended) and Article 12 (1) of the African Charter on Human and People’s Rights.
“The respondent is to forthwith delete the applicant’s name and picture(s) from the Respondent’s wanted list including but not limited to the list published on the Respondent’s website, social media accounts and those within the premises of the Respondent across the country.
“The respondent is directed to forthwith release to the applicant his International Passport without any further delay.
“The respondent is directed to pay the sum of N3million in favour of the applicant as damages done to the applicant’s reputation and the stigma occasioned as a result of the infringement of his fundamental rights.”