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:

  • A declaration that the EFCC has no authority to deface private properties with inscriptions without prior judicial approval.
  • A declaration that prolonged investigations without charges are harmful to the plaintiffs’ dignity and reputation.
  • A declaration that investigations can be conducted without public defacement of property.
  • An order directing the EFCC to immediately remove the red paint inscriptions from the plaintiffs’ properties, authorizing court officials to enforce the order within 24 hours if the EFCC fails to comply.
  • An award of ₦200,000 in general damages for the reputational harm caused.
  • A declaration that any law or rule enabling the EFCC to mark properties without a court order is unconstitutional and void.
  • An injunction restraining the EFCC from further defacing the plaintiffs’ properties or interfering with their occupancy absent a court order.

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.

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“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.”

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