A Federal High Court sitting in Lagos, has ordered the Economic and Financial Crimes Commission, EFCC, to pay a sum of N3 million, to a businessman, Idaresit Ekpo, for breaching his fundamental rights.
Trial judge, Justice Deinde Dipeolu, while declaring the confiscation of the businessman’s International Passport since 2015, as illegal, unconstitutional and a gross violation of the his fundamental rights to personal liberty, freedom of movement and right to own and retain possession of property, also ordered the anti-graft agency to release the passport to the businessman without any further delay.
The judge held that the actions of the EFCC in seizing the businessman’s International Passport since 2015 is a gross violation of his rights as 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.
Justice Dipeolu further ordered the EFCC to forthwith delete the businessman’s name and picture(s) from the it’s wanted list including but not limited to the list published on it’s website, social media accounts and those within it’s premises across the country.
The judge also directed the EFCC to pay the sum of N3million in favour of the businessman as damages done to his reputation and the stigma occasioned as a result of the infringement of his fundamental rights.
Justice Dipeolu made above orders and declaration, while delivering judgment in a fundamental rights enforcement suit numbered FHC/L/CS/1885/2024, filed by the businessman.
EFCC was the sole respondent in the suit.
The businessman, Idaresit Ekpo, through his lawyer, C. Anyanwu, had asked the court for the following reliefs: “a declaration that the continuous publication of the applicant’s name and picture on the respondent’s wonted list is unlawful and unconstitutional, as same amounts to a flagrant violation of the Applicant’s right to dignity guaranteed under Section 34 of the Constitution of the Federal Republic of Nigeria 1999 (As Amended) and Article’5 of the African Charter on Human and People’s Rights.
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“A declaration that the continuous seizure of the his 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.
“A declaration that the continuous publication of his name and picture on the respondent’s wanted list in gross violation of his fundamental rights to dignity of human person as guaranteed under the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and under the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Constitutes a damage/injury to the Applicant’s character and business reputation.
“An order of this court directing the respondent to forthwith delete his 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.
“An order of this court directing the respondent to forthwith release to the Applicant, his International Passport without any further delay,
“An order of this court directing the Respondent to pay the sum of N100 million, in his favour, for damages done to the his reputation and the stigma occasioned as a result of the infringement of his Fundamental Rights.
“And for such further Orders/Reliefs as this court may deem fit to make in the circumstances.”
The businessman supported his motion with a Statement pursuant to Order 2 Rules 3 of the Fundamental Rights (Enforcement Procedure) Rules 2009, affidavit, exhibits and a written address.
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During the pendency of the suit, the EFCC did not file any processes to counter the application, despite being served with the applicant’s processes and several hearing notices issued by the court. And despite being represented by some of it’s lawyers.
Justice Dipeolu, in his judgment in the suit, after citing plethora of authorities held that: “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 facts deposed to in the Affidavit will be deemed unchallenged and undisputed.
“As to the claim for damages done to the applicant’s reputation and the stigma occasioned as a result of the infringement of his Fundamental Rights, the Common Law Principles on award of damages do not apply to matters brought under Fundamental Rights, when a breach is proved, the victim is entitled to compensation, even if no specific amount is claimed. The damages automatically accrue.
“Having failed to challenge the Applicants Affidavit in Support of the application, the respondent has admitted all the depositions therein as true and unchallenged.
“It is therefore imperative on this Court to give judgment in favour of the applicant and I order as follows: “that the continuous publication of the applicant’s name and picture on the Respondent’s wanted list is Unlawful and unconstitutional, as same amounts to a flagrant violation of the applicant’s right to dignity guaranteed under Section 34 of the Constitution of the Federal Republic of Nigeria 1999.(As Amended) and Article 5 of the African Charter on Human and People’s Rights.
“That 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.
“That 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.
“That 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.”
