A Federal High Court sitting in Lagos has ruled that the Economic and Financial Crimes Commission (EFCC), the police, and other law enforcement agencies lack the legal authority to interfere in civil disputes, particularly those involving land or contractual matters.
Justice Alexander Owoeye made the pronouncement while delivering judgment in a fundamental rights enforcement suit filed by Tips Nigeria Limited and its Chief Executive, Otunba Kunle Akeushola, against the EFCC and three others.
The respondents in the suit included EFCC officer Michael Wetkas, Mr Erunhunomase Nelson, and Mrs Esther Folake Nelson. The applicants alleged that the EFCC had acted on the instigation of the third and fourth respondents in a land dispute, leading to harassment and threats to their liberty.
Through their counsel, A.G. Giwa-Amu, the applicants sought several reliefs, including a declaration that their rights had been violated, a perpetual injunction restraining further harassment, and ₦10 million in damages.
The EFCC and the Nelsons challenged the court’s jurisdiction, but Justice Owoeye dismissed their preliminary objections. In his judgment, he cited multiple legal authorities affirming that security agencies are barred from involving themselves in civil or contractual matters.
“The EFCC and indeed all law enforcement agencies are precluded by law from dabbling into disputes arising from civil matters and contracts, such as the land dispute in the present case,” Justice Owoeye stated.
He further held that the EFCC’s invitation to the applicants was ultra vires, or beyond its legal powers, and the agency should have advised the complainants to seek redress in court rather than involving criminal investigators.
The court upheld the applicants’ right to seek redress under Section 46 of the 1999 Constitution and ruled that the harassment by the EFCC constituted a violation of their fundamental rights.
However, the court declined to grant all the reliefs sought, including the ₦10 million damages, ordering instead that each party bear their own costs.
