The Federal Capital Territory High Court in Abuja has declared the prolonged detention of the former Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, without trial as a flagrant violation of his fundamental rights. The court has imposed a total fine of N100 million against the Federal Government and the Economic and Financial Crimes Commission (EFCC) and has barred them from rearresting or detaining the ex-CBN governor afresh without a valid court order.
Emefiele’s legal action was in response to his extended detention in the custody of the Department of State Services (DSS) following his arrest on June 10. The former CBN governor, who was suspended by President Bola Tinubu, faced illegal firearms charges and was granted bail on July 25, 2023. However, he was re-arrested by the DSS on the court premises amid a clash with warders from the Ikoyi Correctional Centre.
After nearly five months in DSS custody, Emefiele was released on October 26, 2023. Subsequently, he was picked up by the EFCC and detained until November 8, when he was taken to court for arraignment on procurement fraud charges.
The court, in its judgment, declared the actions of the respondents, particularly the prolonged incarceration from June 13, 2023, to October 26, 2023, and subsequent detention without arraignment until November 8, 2023, as a flagrant violation of Emefiele’s fundamental rights. The court also awarded N100 million in damages against the Federal Government and the EFCC jointly for the unlawful violation of Emefiele’s right to personal liberty.
Justice Olukayode Adeniyi further restrained the respondents from re-arresting or detaining Emefiele without an order of a court of competent jurisdiction. He questioned the credibility of the remand warrants obtained by the EFCC from magistrates and emphasized the need to end the practice of arresting suspects before completing investigations.
The EFCC expressed dissatisfaction with the judgment and stated its intention to appeal, contending that Emefiele was held with a valid court order, which the court decision failed to acknowledge. The anti-graft agency plans to approach the Court of Appeal to set aside the judgment.
