‘EFCC can’t declare anyone wanted without court order’

The Economic and Financial Crimes Commission (EFCC) lacks the power to declare anyone wanted without first obtaining a court order to that effect, an FCT High Court in Bwari has ruled.

Justice Othman Musa held that the anti-graft agency could only declare wanted anyone who failed to honour its invitation during investigation, but that this power can only be exercised after obtaining a court order.

The judge made this declaration while delivering judgment in a suit of enforcement of fundamental rights filed by the Chief Executive Officer of AITEO Group, Benedict Peters against the Federal Government.

Peters, through his counsel, Mike Ozekhome (SAN) accused the EFCC of declaring him wanted on its website without following due process, adding that EFCC’s decision to declare him wanted without a pending charge against him or a valid court order to that effect was a violation of his fundamental rights.

While the judge set aside the declaration of Peters as ‘wanted’ by the EFCC, the arrest warrant against him was not set aside.

The judge had earlier rejected a preliminary objection raised against the suit by the Attorney General of the Federation (AGF) and held that both the state High Court and Federal High Court have concurrent jurisdiction over fundamental rights enforcement suits.