Justice Alexander Owoeye of a Federal High Court, Ikoyi, Lagos, has held that the Economic and Financial Crimes Commission (EFCC) and other security agencies have no legal authority to intervene in civil matters, including land-related disputes.
The judge made the declaration while delivering judgment on a suit designated FHC/L/CS/945/202, filed by Tips Nigeria Limited and its promoter, Otunba Kunle Akeushola, against the EFCC and three others.
The applicants accused the anti-graft agency of unlawful harassment over a private land transaction.
Joined as co-defendants in the suit were Michael Wetkas (ACE 2, EFCC), Mr Erunhunomase Nelson and Mrs Esther Folake Nelson, whom the plaintiffs alleged had used the EFCC to intimidate them unlawfully.
Through their counsel, A.G. Giwa-Amu, the applicants argued that the actions of the EFCC, allegedly acting on the Nelsons’ prompting, amounted to a violation of their fundamental rights to personal liberty and freedom of movement, as protected under Sections 34, 35, and 41 of the 1999 Constitution.
They sought a court declaration, an injunction restraining the EFCC from further harassment, and ₦10 million in damages for the alleged breach.
However, both the EFCC and the Nelsons, through separate counsel, filed preliminary objections, challenging the court’s jurisdiction to entertain the matter.
Justice Owoeye, however, dismissed these objections, referencing Section 46 of the Constitution, which empowers the Federal High Court to hear cases involving rights violations.
“The Economic and Financial Crimes Commission and all law enforcement agencies are precluded by law from dabbling in disputes arising from civil issues or land matters,” the judge stated.
He faulted the EFCC’s decision to summon the applicants in a purely civil matter, noting that such action was outside the bounds of the Commission’s legal mandate.
“Having read Exhibit EFCC 1, the 1st and 2nd respondents ought to have been bold enough to advise the 3rd and 4th respondents to seek a resolution of their grievance in court, instead of issuing a letter of invitation to the applicants.
“The letter of invitation is beyond legal power or authority the statutory powers conferred on the EFCC,” he said.
The court concluded that the applicants had a legitimate right to seek judicial protection from the harassment. It ruled in their favour by issuing a declaration that their rights had been violated.
However, the court declined the request for financial compensation and injunctive orders, stating that the declaratory relief was sufficient.
Justice Owoeye also ordered that each party bear their legal costs.
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