By Chinenye Anuforo
The Economic and Financial Crimes Commission’s (EFCC) recent decision to declare businessman Mr. Bashir Abdullahi Haske wanted has drawn sharp criticism from legal experts, who describe the move as unlawful, defamatory, and a violation of due process.
Court documents revealed that Haske, through his lawyers, has already filed a motion before the Federal High Court, Abuja, challenging the validity of the arrest warrant obtained by the EFCC. The motion, signed by Mr. Nkemakolam Okoro, a partner in the law firm of Dr. M.O. Ubani, SAN, argued that the warrant was secured “through misrepresentation, concealment of material facts, and in breach of his constitutional rights to fair hearing.”
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According to filings, Haske has repeatedly shown willingness to cooperate with investigators. He honoured the EFCC’s invitation in July, complied with directives during his detention, and later submitted medical documents explaining health complications. Despite this, the Commission reportedly sought and obtained an arrest warrant before the agreed date for his return.
Legal analysts insisted that the EFCC acted outside the law. The court’s order of August 8, they said, merely permitted Haske’s arrest and required the Commission to attempt execution. If unsuccessful, EFCC was to report back to the court not declare him wanted. By bypassing that process, the critics aargued the Commission undermined judicial authority.
Observers have also described the declaration as “malicious and calculated to damage Haske’s reputation,” especially since no formal charges have been filed against him.
Quoting legal precedent, Okoro noted: “It is trite law that where a court order is obtained by deceit or suppression of facts, the court has the inherent jurisdiction to set it aside ex debito justitiae.”
Haske’s company, meanwhile, maintains that all contracts awarded to it were duly executed and lawfully paid for, contrary to what it calls the EFCC’s misleading narrative.
The case is now before the Federal High Court, which will determine the validity of the arrest warrant. Analysts say the matter represents a key test of judicial independence and the limits of prosecutorial powers in Nigeria.
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