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 slammed a total of N100m fine against the Federal Government and the Economic Financial Crime Commission and barred them from rearresting or detaining the ex-CBN governor afresh without a valid court order.
But the EFCC expressed its dissatisfaction with the judgment, vowing to go on appeal.
The judgment was given in a fundamental human rights suit filed by the former CBN governor following his prolonged detention in the custody of the Department of State Services.
The PUNCH reports that the ex-CBN chairman was arrested on June 10 shortly after his suspension by President Bola Tinubu.
Though 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 amid a clash with warders from the Ikoyi Correctional Centre.
The embattled ex-CBN gov was not released by the secret police until October 26, 2023, after nearly five months in custody.
The Economic and Financial Crimes Commission picked him up and placed him under arrest as soon as the DSS released him on October 26.
He was detained by the EFCC until November 8, when he was brought before the court to be charged with procurement fraud.
In the lawsuit, Emefile also requested that the respondents refrain from making any more arrests or detentions of him and pay him N1 billion in damages.
The suit named the following defendants: Ola Olukoyede, chairman of the Economic and Financial Crimes Commission; the Attorney General of the Federation; and the Federal Government. Justice Olukayode Adeniyi delivered the case’s ruling on Monday.
“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 a court of law up until November 8, 2023, when the applicant was released on bail to his senior learned counsel, constitutes a flagrant violation of the applicant’s fundamental rights to personal liberty protected by Section 35 of the Federal Republic of Nigeria 1979 Constitution and Article 6 of the African charter on human and peoples right.”
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Additionally, the applicant is hereby granted N100m as damages for the unlawful infringement of his fundamental right to personal liberty against the first and fourth respondents jointly.
“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, 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.”
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