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

LAGOS, NIGERIA – Media OutReach – 7 November 2018 –
The
Economic and Financial Crimes Commission (EFCC), has conformed with the order
of Nigeria’s High Court, directing the removal of the name of the Executive
Vice Chairman of Aiteo Group, Benedict Peters, from its list of wanted persons.  This action confirms EFCC’s compliance with the
judgment handed down in March 2018, by Justice O.A. Musa of the High Court of
the Federal Capital Territory. Justice Musa had ordered that Peters’ name be taken
down from the anti-graft agency’s website, describing the process leading to
his declaration as ‘wanted’ by EFCC as unconstitutional, since it was not
initiated or validated by any known law or court order.

Reacting to this development, renowned Constitutional and Human Rights Lawyer, Chief
Mike Ozekhome, SAN, said: “We wish to commend the Economic and
Financial Crimes Commission (EFCC), under the leadership of Ibrahim Magu, for
living up to its commitment to uphold the rule of law and obey the order of a
competent court to remove the name of 
the Mr. Benedict Peters, from its list of wanted individuals. The EFCC
has shown a deep regard for the sanctity of the nation’s legal system, and we
can confirm that Peters’ name has been cleared. In view of this and based on
the fact that the decision by EFCC is premised on a court order, Peters has
been legally excluded from the list of wanted persons in Nigeria. He can
therefore continue his lawful business and enjoy his constitutionally
guaranteed rights.”

The EFCC in March 2017 declared Peters
wanted on its website. However, in response to suit, FCT/HC/CV/23/2017, the
court reached the incontrovertible conclusion that Peters has never been
charged with, nor tried for any criminal offence in any court of law, nor has
he ever jumped bail for any offence howsoever in Nigeria and cannot be declared
wanted by administrative fiat without any prior order or leave of court.  In the proceedings challenging EFCC’s
actions, 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 to
that effect is unlawful, illegal, wrongful, ultra vires, unconstitutional and
constitutes a flagrant violation of the Fundamental rights of the Applicant to
personal liberty, private and family life, freedom of movement and Right to not
to be subjected to inhuman treatment and degrading treatment as guaranteed
under Section 34, 37, 41 and 46 of the constitution of the Federal Republic of
Nigeria, 1999 (As amended) and Articles 2, 3(1) & (2), 4, 5, 6, 7, and
12(1) of the African Charter on Human and Peoples’ Rights (Ratification and
Enforcement) Act 2004“.

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