A Federal High Court in Lagos has ruled against the Economic and Financial Crimes Commission (EFCC), ordering the agency to pay N3 million in damages to businessman, Idaresit Monday Ekpo for violating his fundamental rights.
In a judgment delivered by Justice Deinde Dipeolu, the court declared that the EFCC’s prolonged confiscation of Ekpo’s international passport, held since 2015, was illegal, unconstitutional, and an infringement on his rights, including personal liberty, freedom of movement, and the right to own and retain property.
The court further directed the immediate release of Ekpo’s passport and the removal of his name and images from the EFCC’s wanted list across all platforms.
Ekpo had filed a fundamental rights enforcement suit (FHC/L/CS/1885/2024), arguing that the EFCC’s continuous publication of his name and photograph on its wanted list, alongside the unlawful seizure of his passport, amounted to a grave violation of his dignity and had caused significant reputational damage.
Represented by his counsel, C. Anyanwu, Ekpo contended that the anti-graft agency’s actions violated Sections 35(1), 41(1), and 44(1) of the 1999 Constitution (as amended), as well as Article 12(1) of the African Charter on Human and Peoples’ Rights.
Despite being served with court processes and hearing notices, the EFCC, according to the businessman, failed to respond or file counter-affidavits, effectively leaving Ekpo’s claims legally unchallenged.
In his decision, Justice Dipeolu underscored the legal principle that unchallenged affidavit evidence is deemed admitted.
“It is trite law that where an affidavit is filed deposing to certain material facts and the other party does not file a counter-affidavit to dispute the facts, except the facts are ‘moonshine,’ the affidavit will be deemed unchallenged and undisputed,” the judge stated.
The court ruled that the EFCC’s continued publication of Ekpo’s name and image as a wanted person was unlawful and a violation of his right to dignity under both the Nigerian Constitution and the African Charter.
Furthermore, Justice Dipeolu declared that the prolonged seizure of Ekpo’s passport since 2015 was unconstitutional and a violation of his fundamental rights.
As part of its judgment, the court-mandated the EFCC to promptly delete Ekpo’s name and images from all platforms, including its website, social media accounts, and physical premises.
The anti-graft agency was also ordered to return Ekpo’s international passport without further delay.
Additionally, the court ruled that the EFCC must compensate Ekpo with N3 million for the damages inflicted on his reputation.
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