Nigeria’s Antigraft Agency, EFCC, Removes Benedict Peters From ‘Wanted’ List

November 07, 2018 - 05:32
Nigeria’s Antigraft Agency, EFCC, Removes Benedict Peters From ‘Wanted’ List

LAGOS, NIGERIA - Media OutReach - 7 November 2018 -TheEconomic and Financial Crimes Commission (EFCC), has conformed with the orderof Nigeria's High Court, directing the removal of the name of the ExecutiveVice Chairman of Aiteo Group, Benedict Peters, from its list of wanted persons.  This action confirms EFCC's compliance with thejudgment handed down in March 2018, by Justice O.A. Musa of the High Court ofthe Federal Capital Territory. Justice Musa had ordered that Peters' name be takendown from the anti-graft agency's website, describing the process leading tohis declaration as 'wanted' by EFCC as unconstitutional, since it was notinitiated or validated by any known law or court order.



 

Reacting to this development, renowned Constitutional and Human Rights Lawyer, ChiefMike Ozekhome, SAN, said: "We wish to commend the Economic andFinancial Crimes Commission (EFCC), under the leadership of Ibrahim Magu, forliving up to its commitment to uphold the rule of law and obey the order of acompetent court to remove the name of the Mr. Benedict Peters, from its list of wanted individuals. The EFCChas shown a deep regard for the sanctity of the nation's legal system, and wecan confirm that Peters' name has been cleared. In view of this and based onthe fact that the decision by EFCC is premised on a court order, Peters hasbeen legally excluded from the list of wanted persons in Nigeria. He cantherefore continue his lawful business and enjoy his constitutionallyguaranteed rights."

 

The EFCC in March 2017 declared Peterswanted on its website. However, in response to suit, FCT/HC/CV/23/2017, thecourt reached the incontrovertible conclusion that Peters has never beencharged with, nor tried for any criminal offence in any court of law, nor hashe ever jumped bail for any offence howsoever in Nigeria and cannot be declaredwanted by administrative fiat without any prior order or leave of court.  In the proceedings challenging EFCC'sactions, Justice Musa declared that "...the very act of declaring the Applicant(Benedict Peters) a WANTED PERSON on the official website of the 1st Respondent(EFCC) without any prior order or leave of a Court of competent jurisdiction tothat effect is unlawful, illegal, wrongful, ultra vires, unconstitutional andconstitutes a flagrant violation of the Fundamental rights of the Applicant topersonal liberty, private and family life, freedom of movement and Right to notto be subjected to inhuman treatment and degrading treatment as guaranteedunder Section 34, 37, 41 and 46 of the constitution of the Federal Republic ofNigeria, 1999 (As amended) and Articles 2, 3(1) & (2), 4, 5, 6, 7, and12(1) of the African Charter on Human and Peoples' Rights (Ratification andEnforcement) Act 2004".

 

Benedict Peters has recorded successfuloutcomes in three other cases, including one overturning the forfeiture of hisproperties which were wrongfully included in a list of properties belonging allegedlybelonging to a former minister forfeited by court orders. 


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