KADUNA — A Federal High Court sitting in Kaduna has ruled that the Economic and Financial Crimes Commission (EFCC) acted unlawfully when it publicly declared a Kano-born, Dubai-based businessman wanted without following proper legal procedure, ordering the anti-graft agency to apologise and pay ₦5 million in damages for violating his rights.
Delivering judgment on Thursday, December 12, 2025, Justice H. Buhari held that the EFCC exceeded its statutory powers and breached the businessman’s fundamental rights when it published his name and photograph on its official channels without first obtaining a valid court order or ensuring that due process was followed.
The plaintiff, Alhaji Rabiu Auwalu Tijjani, a gold merchant born in Kano and currently based in Dubai, had approached the court after the EFCC declared him wanted on July 11, 2025, in connection with allegations arising from a multi-million-dollar gold transaction dispute. Tijjani and the second respondent, businessman Ifeanyi Ezeokoli, had initially reconciled an overpayment of ₦26 million linked to the 2022 transaction. A later audit reportedly indicated a further $2 million discrepancy in Tijjani’s favour, prompting a formal complaint and an ongoing investigation by the Department of State Services (DSS).
While the DSS probe was underway, the EFCC publicly listed Tijjani as wanted, prompting him to file a fundamental rights enforcement suit arguing that the publication damaged his reputation, business interests and international standing.
In his ruling, Justice Buhari emphasised that although the EFCC has authority to declare suspects wanted, it must act strictly within the law — including securing an order from a competent court authorising such a declaration. The arrest warrant obtained from a Magistrate’s Court, the judge said, did not empower the Commission to make a public wanted declaration on its website or other platforms.
The court also criticised the EFCC’s involvement in what it described as a civil or commercial dispute, already under investigation by another security agency, cautioning against using anti-graft powers to resolve private economic disagreements or enforce debt-related claims.
Consequently, the court declared the EFCC’s action a breach of Tijjani’s rights to personal liberty, freedom of movement and due process, ordering the Commission to:
- Take down the wanted declaration from its website;
- Issue a public apology to Tijjani; and
- Pay ₦5 million in damages to the businessman.
Tijjani had initially sought ₦1.5 billion and other reliefs, but the court granted only a portion of his claims in recognition of the rights violation.
Legal experts said the judgment underscores the limits of anti-graft powers and reinforces that agencies like the EFCC must adhere to constitutional requirements and procedural safeguards — especially when actions affect individuals’ reputations and liberty. The ruling also signals judicial vigilance against the misuse of investigative authority in commercial disputes already subject to other legal processes.