A Federal High Court in Warri has set aside its earlier judgment on a case of financial fraud filed against a BDC operator, Julius Oluwafunmisho Okedele, by the Economic and Financial Crimes Commission (EFCC).

The court ruled that the addition of Okedele?s name in an alleged fraud and cybercrime case marked FHC/WR/110C/2019, without due notice to him, constituted a breach of his fundamental human rights guaranteed by the Constitution.

Striking out his name from the lawsuit, the court ordered the EFCC to tender a public apology to Okedele for including it in the first instance.

The commission on December 2, 2019, charged Akegor Godbless Omamuyovwi at the Warri Division of the Federal High Court, accusing him of alleged cybercrimes and internet fraud.

Two other defendants in the suit including Okedele were tried in absentia by the EFCC who told the court they were at large.

Unknown to the court, Okedele was never informed by the EFCC that he was a defendant in the suit before the court.

Facts of the case indicated that Okedele had foreign exchange transactions with Akegor between 2018 and 2019 as part of his business activities.

Following the arraignment of the suspects in absentia, the EFCC?s Edo State office in Benin extended an invitation to Okedele on December 5, 2019, which he honoured and provided useful information regarding his business dealings to the investigation team.

After his second visit on December 10, 2019, the EFCC concluded that there was no case and released him from further inquiry.

But the commission never requested the court to strike out his name from the criminal proceeding in which he was arraigned in absentia and listed as a fugitive on the charge sheet.

The case proceeded without his knowledge until the court delivered judgment which the EFCC published through their website and other media outlets.

Having been brought to disrepute and after suffering reputational damage as a result of the published information, Okedele approached the same court with evidence that showed he was neither a fraudster nor a fugitive.

He told the court that he was never in the know a proceeding against him was initiated by the EFCC, adding that the negative publicity caused him significant personal and professional consequences and losses.

Okedele said he was denied entry visas by the Canadian and United States embassies in Nigeria, as he was mistakenly labelled a fraudster and fugitive.

In a remarkable development, the Federal High Court on January 31, 2025, in suit FHC/WR/CS/104/2024, ruled in favour of Okedele, setting aside its earlier judgment against him.

The court struck out Okedele?s name from the charge and ordered the EFCC to issue a public apology in a widely circulated national newspaper, retracting the criminal accusations made against him within 10 days.

It also ordered that the EFCC must provide proof of the publication to the court. (The Nation)

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