A Federal High Court in Lagos has ordered the Economic and Financial Crimes Commission (EFCC) to pay N3 million in damages to businessman Idaresit Monday Ekpo for violating his fundamental rights.
Justice Deinde Dipeolu ruled that the EFCC’s prolonged confiscation of Ekpo’s international passport since 2015 was illegal, unconstitutional, and a breach of his fundamental rights, including personal liberty, freedom of movement, and the right to own and retain property.
The court also directed the immediate release of the passport and the removal of Ekpo’s 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), seeking redress for the continuous publication of his name and picture on the EFCC’s wanted list and the unlawful seizure of his passport.
He argued that these actions amounted to a violation of his dignity and caused reputational damage.
The Businessman’s counsel, C. Anyanwu, emphasised that the EFCC’s actions contravened Sections 35(1), 41(1), and 44(1) of the 1999 Constitution (as amended) and Article 12(1) of the African Charter on Human and Peoples’ Rights, adding that despite being duly served with court processes and hearing notices, the EFCC failed to respond or file any counter-affidavits, leaving Ekpo’s claims legally unchallenged.
In his ruling, Justice Dipeolu reaffirmed the 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 held.
Justice Dipeolu declared that the continued publication of Ekpo’s name and image on the EFCC’s wanted list is unlawful and a violation of his right to dignity under the Constitution and the African Charter.
The judge equally stated that the prolonged seizure of his international passport since 2015 is unconstitutional and a violation of his fundamental rights.
While holding that the EFCC must immediately delete Ekpo’s name and images from all platforms, including its website, social media accounts, and physical premises, the trial court directed that the anti-graft agency must release Ekpo’s passport without further delay.
Justice Dipeolu further mandated that the EFCC must pay N3 million as compensation for the damages done to Ekpo’s reputation.
