A Federal High Court in Lagos State 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 re tain 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.
The post EFCC’s Failure To Challenge Claims Results In N3M Damages For Unlawful Nine-Year Passport Seizure, Court Rules appeared first on TheNigeriaLawyer.