In a groundbreaking decision on Monday, Justice Olukayode Adeniyi of the High Court of the Federal Capital Territory (FCT) imposed a hefty fine of N100 million against the federal government and the Economic and Financial Crimes Commission (EFCC) for their unlawful detention of Mr. Godwin Emefiele, the former Governor of the Central Bank of Nigeria (CBN).
The court ruling comes after Emefiele, who was suspended as CBN governor on June 9, 2023, was arrested and held for over five months by the Department of State Services (DSS) and EFCC. Justice Adeniyi declared the detention illegal, unlawful, and unconstitutional, emphasizing that the federal government’s claim of investigating additional infractions was not acceptable.
In response to the judgment, the EFCC expressed dissatisfaction, asserting that Emefiele was held with a valid court order. The commission announced its intention to challenge the decision, stating, “Consequently, the commission will approach the Court of Appeal to set it aside.”
Justice Adeniyi, in his ruling, prohibited the federal government and its agencies from re-arresting, detaining, or harassing Emefiele without obtaining a warrant from a court of competent jurisdiction. The court questioned the credibility of the remand order obtained from a Chief Magistrate Court, highlighting discrepancies in dates and the lack of certification.
The judge criticized the EFCC for seeking a detention order when charges were already filed before the high court, labeling it an abuse of court process and a violation of the defendant’s rights. Adeniyi also condemned the practice of arresting and detaining suspects before completing investigations, emphasizing its contradiction to the law.
Furthermore, the court held that suspicion alone should not justify infringing on citizens’ rights and that Emefiele’s prolonged detention without trial exceeded a reasonable timeframe. The judge suggested that administrative bail should have been granted when charges related to illegal possession of firearms were withdrawn before a Federal High Court in Lagos.
Concluding the judgment, Justice Adeniyi issued an injunction restraining the government from further harassing Emefiele without a court order. The federal government and the EFCC were ordered to pay N100 million in compensation for the damages caused by the illegal detention.
Emefiele had filed a lawsuit against the federal government, the Attorney-General of the Federation, the Executive Chairman of EFCC, and the commission, alleging a breach of his fundamental rights. His lawyer argued that the former CBN governor was held for 151 days, far beyond the legally stipulated 48-hour period, and urged the court to award damages.
While the government’s legal representatives challenged the suit’s merit, emphasizing the authority and source of information of the deponent, the court maintained that Emefiele’s rights had been violated, and the compensation was necessary to prevent further infringements. The court’s decision marks a significant precedent in safeguarding individuals’ fundamental rights against unlawful detention.
