Court Orders EFCC To Publicly Apologize To Businessman Wrongfully Named In Fraud Case

The court In charge No. FHC/WR/110C/2019, filed on December 2, 2019, the Economic and Financial Crimes Commission (EFCC) charged Akegor Godbless Omamuyovwi and two other individuals (the latter tried in absentia) at the Warri Division of the Federal High Court, accusing them of cybercrimes and internet fraud.

The main accused, Akegor Godbless Omamuyovwi, was tried alongside the two other suspects, who were purportedly at large.

An interesting aspect of this case is that one of the alleged suspects tried in absentia, Mr. Julius Oluwafunmisho Okedele was not informed by the EFCC before the charges were filed against him.

Mr. Okedele, a bureau de change operator, had engaged in foreign exchange transactions with Akegor Godbless Omamuyovwi between 2018 and 2019 as part of his business activities.

Following the arraignment of the suspects in absentia, the EFCC’s Edo State office in Benin extended an invitation to Mr. Okedele on December 5, 2019.

Mr. Okedele cooperated with the investigation, providing useful information regarding his business dealings, none of which had any connection to cybercrimes or internet fraud. After his second visit on December 10, 2019, the EFCC concluded that there was no basis to pursue charges against him and released him from further inquiry.

Unknown to Mr. Okedele, the EFCC continued prosecuting the cybercrime charges against him in his absence, listing him as a fugitive on the charge sheet without notifying him.

The legal proceedings were carried out without his knowledge or presence.

Even assuming Mr. Okedele had been properly arraigned. It was egregious for the EFCC to publish the charge and judgment on their website, knowing that Mr. Okedele had never been notified or served with the charges and had no representation in court.

The publication of the charge sheet and court ruling on the EFCC website and other media outlets severely damaged Mr. Okedele’s reputation, subjecting him to public defamation.

The situation took a dramatic turn when Mr. Okedele only became aware of the charges through the EFCC’s website, where the conviction of Akegor Godbless Omamuyovwi was fully reported. The negative publicity led to significant personal and professional consequences and losses, including the denial of entry visas by both the Canadian and United States embassies in Nigeria, as he was mistakenly labelled a fraudster and fugitive.

In a remarkable development, the Federal High Court on January 31, 2025, in Suit Nos: FHC/WR/CS/104/2024, ruled in Favor of Mr. Okedele.

The Court set aside its earlier judgment in Charge No: FHC/WR/110C/2019, striking out his name from the charge sheet.

The Court ruled that Mr. Okedele’s constitutional right to a fair hearing had been violated, infringing on his fundamental human rights as guaranteed by the 1999 Constitution of the Federal Republic of Nigeria as ammended.

The Court further directed the EFCC to issue a public apology in a widely circulated national newspaper, retracting the criminal accusations made against Mr. Okedele within 10 days of the judgment and to provide proof of the publication to the Court.

However, given the EFCC’s previous actions, it remains uncertain whether the Commission will comply with the Court’s order. The continued public dissemination of the charges has created ongoing difficulties for Mr. Okedele and his family.

The certified true copy of the court judgment has been served at the EFCC’S offices in Benin and Abuja

The agency has not reacted to the directive of court days after the judgment.