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Nigerian High Court Awards N5Million In Damages Against EFCC For Posting Picture Of Arrested Suspect On Social Media

Nigerian High Court Awards N5Million In Damages Against EFCC For Posting Picture Of Arrested Suspect On Social Media
April 5, 2024

In the record of the court attached to his post which was seen by SaharaReporters, the court equally urged the EFCC to tender a public apology to Nasiru Saidu Ali for allegedly calling him a fraudster without any court judgment to that effect.

A Federal High Court in Abuja has awarded the sum of N5 million against the Economic and Financial Crimes Commission (EFCC) for posting the picture of a suspect, Nasiru Saidu Ali before trial.

 

This was disclosed by human rights lawyer Pelumi Olajengbesi whose law firm, Law Corridor took up the case pro bono and challenged the anti-graft agency for their habitual publication of suspects’ names on social media, even without convictions for the alleged crimes.

 

Olajengbesi said he is vehemently against the “abuse of power inherent in the Economic and Financial Crimes Commission's (EFCC) practice of publicizing images of individuals arrested for alleged crimes without due conviction by a court. Such actions, particularly from an esteemed organization like the EFCC, amount to a cheap form of public spectacle.”

 

He continued: “One such case involved the arrest of Nasiru Saidu Ali (Kozzo), a young photographer from Nasarawa State, whose image was broadcasted across EFCC’s social media platforms. Law Corridor, the legal firm I represent, took up his case pro bono. Following extensive legal proceedings before the Federal High Court, Abuja, justice has finally been served.

 

“Honorable Justice Okoro of Court 6 of the Federal High Court, Abuja, delivered a landmark judgment. The Court declared EFCC’s actions unconstitutional, as they infringed upon Ali’s right to the presumption of innocence by posting his picture on social media without a conviction of guilt.

 

“As a consequence, the Court has awarded ₦5 million in exemplary, punitive, and general damages against the EFCC. Furthermore, the EFCC has been directed to issue a public apology to the young photographer.

 

“On a personal note, today marks the anniversary of my marriage to my wife. In retrospect, navigating a marriage between two lawyers has presented its challenges, yet it remains a journey of profound growth and love.”

 

In the record of the court attached to his post which was seen by SaharaReporters, the court equally urged the EFCC to tender a public apology to Nasiru Saidu Ali for allegedly calling him a fraudster without any court judgment to that effect.

 

The document reads: “This action for enforcement of fundamental rights was commenced by ORIGINATING MOTION dated the 24th day of June, 2019 It is brought pursuant to Sections 34 (1), 35 (1), (2), (3), (6), 36, 37 of the 1999 Constitution of the Federal Republic Of Nigeria (As Amended), Order 2 Rule 1 of the Fundamental Rights (Enforcement Procedure) Rules, 2009, and Article 2, 4, 5, 67 (1), (A)(B), (C), (D) of the African Charter on

 

“ORIGINATING MOTION dated the 24th day of pursuant to Sections 34 135 1)3 Constitution of the Federal Republic Of Nigeria Rule of the Fundamental Rights (Enforcement Article 4567) (A)(B)(C)(D) to the public from the Respondents Instagram and other social media platforms.

 

“AN ORDER OF PERPETUAL INJUNCTION is hereby granted restraining the Respondent whether by themselves, their officers, servants or agents from further holding out the Applicant as a fraudster to the public without judgement of a court of competent jurisdiction.

 

“AN ORDER of this Honourable Court is hereby granted directing the Respondent to pay the Applicant the sum of N2, 500, 000 (Two Million Five Hundred Thousand Naira) as exemplary and punitive damages for the unlawful publication of the Applicant image on the Respondent Instagram, amounting to a breach of his fundamental rights to privacy.

 

“AN ORDER of this Honourable Court is hereby granted directing the Respondent to pay the Applicant the sum of N2, 500, 000 (One Hundred Million Naira) as general damages for loss suffered herein, amounting to a breach of his fundamental rights.

 

“AN ORDER of this Honourable Court is hereby granted directing that the Respondents tender public apology on their Online Social Media Platforms to the Applicant.”

 

 

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Legal