Court Orders EFCC, Security Agencies to Justify Declaration of Aisha Achimugu Wanted

NoCourt Orders EFCC, Security Agencies to Justify Declaration of Aisha Achimugu Wanted

A Federal High Court in Abuja has directed the Economic and Financial Crimes Commission (EFCC) and five other security agencies to file their response to a lawsuit filed by businesswoman, Aisha Achimugu, who is seeking to prevent her arrest and detention following the EFCC’s public notice declaring her wanted.

Justice Inyang Ekwo issued the directive on Friday, April 11, after Achimugu’s counsel, Kehinde Ogunwumiju, SAN informed the court that despite being served with the earlier court order, none of the respondents had appeared or filed a defense.

Achimugu, who is facing allegations of criminal conspiracy and money laundering, filed the suit as a fundamental rights enforcement case, naming the EFCC, Nigeria Police Force (NPF), Independent Corrupt Practices and Other Related Offences Commission (ICPC), State Security Service (SSS), Nigeria Security and Civil Defence Corps (NSCDC), and Nigeria Immigration Service (NIS) as co-defendants.

The lawsuit, filed on April 3, followed shortly after the EFCC declared Achimugu wanted on March 28. Achimugu’s legal team submitted 10 grounds in support of the application, arguing that the EFCC’s actions lacked just cause and were intended to damage her reputation, subject her to public shame, and cause irreparable harm to her personal and professional life.

Achimugu’s counsel argued that the EFCC’s declaration violated her fundamental rights to liberty, privacy, dignity, and freedom of movement. The court has adjourned the case to Monday, April 28, giving the respondents additional time to appear in court and explain why the reliefs sought by the applicant should not be granted.

The case has sparked concerns about the use of the judiciary by Nigeria’s elite to shield themselves from investigation or prosecution. Achimugu’s lawsuit is the latest example of a high-profile individual using the courts to challenge law enforcement actions.

According to the affidavit in support of the motion, Achimugu is an internationally renowned industrialist, businesswoman, and philanthropist who oversees a consortium specializing in civil, structural, and transportation engineering. She is also the chair of SAM Oil and Gas Limited, one of the major players in the exploration, production, and distribution of petroleum products in Nigeria.

Achimugu’s brother, Ifeanyi Otuya, deposed to the affidavit, stating that she left for the United Kingdom on March 3 to seek urgent medical treatment due to serious health concerns.

However, she was informed by her doctors that they required specific medical records, which were securely stored in her personal safe in Nigeria.

As a result, she briefly returned to Nigeria on March 8 to retrieve the documents and departed again for the UK on March 9. Despite her efforts to communicate with the EFCC, the commission declared her wanted on March 28, which significantly worsened her already fragile health.

The court’s decision to adjourn the case to April 28 has given Achimugu’s legal team a temporary reprieve, but the outcome of the case remains uncertain. The EFCC and other security agencies will have to defend their actions in court, and the judge will have to determine whether Achimugu’s fundamental rights have been violated.