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 blatant violation of his fundamental rights. The court imposed a total fine of N100 million against the Federal Government and the Economic and Financial Crimes Commission (EFCC) and prohibited them from rearresting or detaining the ex-CBN governor without a valid court order.
Despite the judgment, the EFCC expressed dissatisfaction and announced its intention to appeal the decision. The ruling was delivered in a fundamental human rights suit filed by Emefiele following his extended detention in the custody of the Department of State Services (DSS). Emefiele was arrested on June 10, shortly after his suspension by President Bola Tinubu.
Although he was taken before the Federal High Court in Lagos on July 25, 2023, arraigned on illegal firearms charges, and granted bail, the DSS re-arrested him on the court premises. The embattled ex-CBN governor was not released by the secret police until October 26, 2023, after almost five months in custody. Upon his release, the EFCC immediately took him into custody, where he remained until November 8, when he was brought to court for arraignment on procurement fraud charges.
In his suit, Emefiele sought N1 billion in damages and requested the court to restrain the respondents from further arresting or detaining him. The defendants included the Federal Government, the Attorney General of the Federation, the EFCC, and its chairman, Ola Olukoyede.
Delivering judgment on Monday, Justice Olukayode Adeniyi declared the actions of the respondents as a flagrant violation of Emefiele’s fundamental rights to personal liberty. The court awarded N100 million in damages against the first and fourth respondents and barred them from further re-arresting or detaining Emefiele without a court order.
Justice Adeniyi criticized the credibility of remand warrants obtained by the EFCC, stating that the practice of arresting suspects before investigation must cease. He emphasized the need to allow suspects their day in court if there is evidence of a committed crime against them.
In response, the EFCC expressed its intention to approach the Court of Appeal to set aside the judgment, arguing that the former CBN boss was held with a valid court order.