Justice John Okorowo of the Federal High Court in Abuja has ruled that the Economic and Financial Crimes Commission (EFCC) must pay N5 million in damages to photographer Nasiru Saidu-Ali, also known as Kozzo, for falsely parading him as a fraudster.
This incident occurred in May 2019 when Saidu-Ali was apprehended from his home in Abuja and his images were displayed on the EFCC’s social media pages alongside those of other individuals accused of internet fraud.
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Although Saidu-Ali was later released after his innocence was proven, he proceeded to file a lawsuit against the anti-graft agency for criminal defamation. Represented by his lawyer, Pelumi Olajengbesi, Saidu-Ali initially sought N100 million in damages from the EFCC.
However, after five years, the court delivered its judgment on March 22, 2024, awarding N5 million in damages against the EFCC and instructing the agency to issue a public apology to the photographer.
Details of the court’s ruling were disclosed in a Certified True Copy obtained by a correspondent on Thursday.
The CTC revealed that the court also issued a mandatory injunction ordering the EFCC to promptly remove Saidu-Ali’s image and name, falsely portraying him as a fraudster, from the agency’s Instagram and other social media platforms.
“An order of mandatory injunction is hereby granted, ordering the respondent, whether by themselves, their officers, servants or agents to forthwith remove the image and name holding out of the applicant as a fraudster to the public from the respondents’ Instagram and other social media platform.”
“An order of mandatory injunction is hereby granted restraining the respondent, whether by themselves, their officers, servants, or agents from further holding out the applicant as a fraudster to the public without judgment of a court of competent jurisdiction.
“An order of this honourable court is hereby granted directing the respondent to pay the applicant the sum of N2.5m as exemplary and punitive damages for the unlawful publication of the applicant’s image on the respondent’s Instagram, amounting to a breach of his fundamental rights to privacy.
“An order of this honourable court is hereby granted directing the respondent to pay the applicant N2.5m as general damages for loss suffered herein, amounting to a breach of his fundamental rights.
“An order of this honourable court is hereby granted directing that the respondents tender public apology on their online social media platforms to the applicant.”
Following the verdict, lawyer to the claimant, Pelumi Olajengbesi, reiterated that it was unlawful and amounted to an abuse of powers for the EFCC to have publicised the images of individuals arrested for alleged crimes when such persons have not been convicted by the court.
In an interview, the lawyer said his firm, Law Corridor, took up the photographer’s case pro bono, and after extensive legal proceedings before the Federal High Court, Abuja, justice was finally served.
Olajengbesi said, “Following numerous legal arguments and delays orchestrated by the EFCC, Justice John Okoro of Court 8 of the Federal High Court, Abuja delivered the landmark judgment on Friday, March 22, 2024.
“The court deemed the EFCC’s actions unconstitutional, as they violated Ali’s right to human dignity, encroached upon his privacy, and disregarded the noble and fundamental principle of presumption of innocence to have posted his picture on their social media.
“We’re happy that the court awarded ₦5million in exemplary, punitive, and general damages against the EFCC. As you can see from the CTC, the EFCC was also ordered to publicly apologise to the young photographer.
“Even though we asked for N100m, the court awarded N5m and also granted a perpetual order against the EFCC from arresting the photographer again.”
