Court stops Emefiele’s re-arrest, EFCC rejects N100m fine

The Abuja Federal Capital Territory High Court ruled that the extended detention of former Central Bank of Nigeria Governor, Godwin Emefiele, without trial, was a severe breach of his fundamental rights. The court imposed a N100 million fine on the Federal Government and the Economic Financial Crime Commission (EFCC) and prohibited them from re-arresting or detaining Emefiele again without a valid court order.JAMB Portal

This judgment follows a fundamental human rights lawsuit filed by Emefiele after his prolonged detention by the Department of State Services (DSS). Emefiele was initially arrested on June 10, shortly after his suspension by President Bola Tinubu, and was later arraigned on illegal firearms charges. Despite being granted bail, he was re-arrested by the DSS and remained in custody until October 26, 2023.

Following his release, the EFCC immediately took Emefiele into custody, where he stayed until November 8, when he faced arraignment on procurement fraud charges. Emefiele’s lawsuit also sought N1 billion in damages and a restraining order against further arrest or detention. The defendants in the suit included the Federal Government, the Attorney General of the Federation, the EFCC, and its chairman, Ola Olukoyede. The EFCC, dissatisfied with the judgment, has vowed to appeal.

Delivering judgment in the case on Monday, Justice Olukayode Adeniyi said, “It is hereby declared that the actions of the first and fourth respondents and its agents incarcerating the applicants from June 13, 2023, to October 26, 2023, when he was transferred to the custody of the fourth respondent and his further detention by the third and fourth respondents without arraignment in the court of law for the commission of any offence up until November 8, 2023, when by the order of this court, the applicant was released on bail to his senior learned counsel, constitutes a flagrant violation of the applicant’s fundamental rights to personal liberty preserved by the provision of Section 35 of the Constitution of the Federal Republic of Nigeria 1979 and Article 6 of the African charter on human and peoples right.InformationGuideNigeria

“Also,  a sum of N100m only is herby awarded in favour of the applicant against the first and fourth respondents jointly as damages for the unlawful violation of his fundamental right to his personal liberty.

“Without prejudice to the powers of the court with respect to the criminal trial, the applicant is currently facing at the High Court of the FCT,  the respondents are hereby restrained either by themselves,  their officers,  agents, or any person acting on their behalf from further re-arresting or detaining the applicants without an order of a court of competent jurisdiction.”NYSC Portal

During his ruling,  Adeniyi said he found the remand warrant obtained by the third and fourth respondents were questionable.

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“The third and fourth respondents referred to remand warrants obtained from the chief magistrate of the FCT in Wuse.  I examined the said orders from the two magistrate courts and my finding is that the credibility is questionable, “ he said.

He noted that the practice of arresting suspects before investigation by security agencies must stop.

Adeniyi said, “Time has come to put an end to the unwholesome culture and practices of arresting and keeping a suspect in detention before the investigation of the suspect alleged of an offence.

The anti-graft agency said,  “The decision failed to take cognizance of the fact that the former CBN boss was held with a valid order of court. Consequently, the commission will approach the Court of Appeal to set it aside.”

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