Edo North Born,Kennedy Izuagbe defeats EFCC in court over declaration as wanted person

By DADA AYOKHAI
A Lagos Federal High Court, today, ordered the Economic and Financial Crimes Commission (EfCC) to delete the name of an Edo North born  businessman, Dr. Kennedy Sule Izuagbe, from its websites as a wanted person.

The court presided over by Justice Lewis Allagoa, also ordered the EFCC to publish unreserved apology to the businessman in its websites and  social media.

The court also awarded a cost of N5 million, against the EFCC for breaching the businessman’s fundamental rights.

Justice Allagoa made the above orders against the EFCC, while delivering Judgment in a fundamental rights Enforcement suit brought against the agency by the Businessman, Dr. Izuagbe.

Dr. Izuagbe from Agenebode, in Etsako East local government area of Edo state and an allies of Dr Olusola Saraki  had dragged the antigraft agency before the court through his lawyer, Mrs. Ifeoma Esom, in a suit marked FHC/L/CS/2127/2021, wherein he sought for the following reliefs: a declaration that the Respondent has no power or authority to declare him “wanted” without any order of a court of competent jurisdiction and in the absence of any facts providing reasonable suspicion that the Applicant has committed an offence to warrant such declaration.

A declaration that the action of the EFCC in declaring him a “wanted person” and publishing his name on its official website without any prior order or leave of a court of competent jurisdiction is illegal, wrongful, ultra vires and constitutes a flagrant violation of the fundamental rights of the Applicant to personal liberty, private and family life, freedom of movement and right to not to be subjected to inhuman and degrading treatment as guaranteed under Sections 34, 35, 37 and 41 of the Constitution of the Federal Republic of Nigeria, 1999 (As amended) and Articles 2, 3(1) & (2), 4, 5, 6, 7, and 2 12(1) of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act 2004. 

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