In a judgment delivered on July 2, 2025, the Federal High Court in Abuja declared the Economic and Financial Crimes Commission’s (EFCC) practice of marking properties under investigation without a court order as unconstitutional, unreasonable, and unjustifiable.
Presided over by Honourable Justice J.K. Omotosho, the court ruled in favour of Hajiya Hajara Saidu and Abdullahi Saidu in Suit No: FHC/ABJ/CS/682/2024, which challenged the EFCC’s actions of inscribing “EFCC UNDER INVESTIGATION, KEEP OFF” in red paint on their properties in 2023 and again in 2024.
The plaintiffs, represented by H.A. Kwrabai, Esq., argued that the EFCC’s conduct was defamatory, degrading, and lacked legal backing, especially as no formal charges had been brought since the investigation began. The properties affected included Abdullahi Saidu’s residence and business premises in Abuja.
Justice Omotosho held that the EFCC’s actions violated Sections 34 and 44 of the 1999 Constitution of Nigeria, which protect against degrading treatment and unlawful interference with property. The court described the inscriptions as defamatory and damaging to the plaintiffs’ reputation, causing significant social stigma.
The court granted the following reliefs:
The EFCC, represented by G.G. Gajere, Esq., on behalf of M.M. Gwani, Esq., argued that the markings were necessary to prevent the disposal of properties under investigation. However, the commission failed to present any court order authorizing the action.
Justice Omotosho emphasized that while the EFCC has investigative powers under Sections 6 and 7 of its Establishment Act (2004), those powers must be exercised within constitutional bounds and cannot override the rights of citizens.
“This ruling is a significant victory for constitutional rights and due process,” said the plaintiffs’ counsel, H.A. Kwrabai, Esq. “It sends a clear message that investigative agencies must operate within the law and respect citizens’ dignity and property rights.”