EMEFIELE: EFCC REJECTS N100M FINE, VOWS TO APPEAL
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The extended arrest of Godwin Emefiele, the former governor of the Central Bank of Nigeria, without charge or trial has been ruled a flagrant violation of his fundamental rights by the Federal Capital Territory High Court in Abuja.
The Federal Government and the Economic Financial Crime Commission were fined a total of N100 million by the court, and they were also prohibited from detaining or re-arresting the former governor of the Central Bank of Nigeria without a legitimate court order.
On the contrary, the Economic and Financial Crimes Commission (EFCC) has expressed dissatisfaction with the judgment, vowing to go on appeal.
The ruling was made in a basic human rights lawsuit that the former governor of CBN brought after spending an extended period of time under the Department of State Services’ custody.
According to reports, the former chairman of CBN was taken into custody on June 10, not long after President Bola Tinubu had suspended him.
Despite being brought before the Federal High Court in Lagos on July 25, 2023, where he was charged with possessing illicit firearms and given bail, the DSS apprehended him again on the court premises in the midst of an altercation with warders from the Ikoyi Correctional Center.
After being detained for over five months, the secret police did not release the troubled former governor of the CBN until October 26, 2023.
Following his release by the DSS on October 26, the Economic and Financial Crimes Commission immediately picked him up and took him into custody.
He was detained by the EFCC until November 8, when he was brought before the court to be charged with procurement fraud.
Emefiele requested in the lawsuit that the respondents refrain from making any more arrests or detentions of him and that they pay him N1 billion in damages.
The complaint named the following defendants: Ola Olukoyede, chairman of the Economic and Financial Crimes Commission; the Attorney General of the Federation; and the Federal Government.
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.
“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.”
During his ruling, Adeniyi said he found the remand warrant obtained by the third and fourth respondents to be questionable.
“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 stated that it is necessary to discontinue the practice of arresting people prior to a security agency’s inquiry.
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.
A suspect must be allowed to have his day in court if indeed there is evidence of a commission of the crime against him.”
However, the EFCC, reacting to the statement on Monday, said it would approach the Court of Appeal to set the judgement aside. This was contained in a statement released on Monday, signed by Dele Oyewale.
Head, Media & Publicity.
The statement partly reads, “The Economic and Financial Crimes Commission, EFCC, has expressed dissatisfaction with a judgment of the Federal Capital Territory, FCT, High Court awarding N100 million damages against it in favour of a former governor of the Central Bank of Nigeria, CBN, Godwin Emefiele.
“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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