Court Stops Emefiele’s Re-Arrest, EFCC Rejects N100m Fine

The Federal Capital Territory High Court in Abuja has declared the prolonged detention of the former Governor of the Central Bank of Nigeria, Godwin Emefiele, without trial as a flagrant violation of his fundamental rights. The court has imposed a N100m fine against the Federal Government and the Economic Financial Crime Commission (EFCC), barring them from re-arresting or detaining Emefiele without a valid court order.

Emefiele's detention began on June 10 after his suspension by President Bola Tinubu. Despite being arraigned on illegal firearms charges in July and granted bail, the Department of State Services re-arrested him in a clash with correctional center warders. Emefiele was only released by the DSS on October 26, 2023, after nearly five months in custody. The EFCC subsequently took him into custody until November 8, when he was arraigned on procurement fraud charges.

In the judgment delivered by Justice Olukayode Adeniyi, it was declared that Emefiele's prolonged detention without arraignment constituted a flagrant violation of his fundamental rights. The court awarded N100m in damages against the Federal Government and the EFCC for the unlawful violation of his personal liberty.

“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."

“Also, a sum of N100m only is hereby 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.”

Justice Adeniyi also questioned the credibility of the remand warrants obtained by the EFCC, emphasizing the need to end the practice of arresting suspects before a proper investigation. The court restrained the government and the EFCC from further re-arresting or detaining Emefiele without a court order.

In response, the EFCC expressed dissatisfaction with the judgment, stating that it would appeal the decision. The anti-graft agency argued that Emefiele was held with a valid court order and indicated its intention to seek a reversal of the judgment at the Court of Appeal.