An Abuja High Court in Maitama has ruled to grant bail to the detained Governor of the Central Bank of Nigeria, Mr. Godwin Emefiele. This decision came in the wake of extended detention without trial, raising concerns about the violation of fundamental rights.
Justice Olukayode Adeniyi, presiding over the case, emphasized that there must be an end to prolonged detention without trial. The court attributed its ruling to the Economic and Financial Crimes Commission (EFCC) failing to comply with an earlier court order issued on November 2.
Furthermore, the court rejected the Federal Government’s claim that Emefiele would face a fresh charge on November 15, deeming it speculative with no concrete evidence to support it. Notably, the court observed conflicting dates in a purported remand order submitted by the government’s lawyer.
Justice Adeniyi took into account Emefiele’s assertion that he had been incarcerated for more than 151 days without a trial. The court invoked section 298(2) of the Administration of Criminal Justice Act, 2015, to make necessary orders, even in the presence of a remand order against the Applicant.
As a result, the court ordered the release of Mr. Emefiele into the custody of a team of three Senior Advocates of Nigeria (SANs) who had represented him in the case.
These lawyers are tasked with producing him in court on November 15 for his planned arraignment or any other court appearances required.
The court also directed Emefiele to surrender all his international documents to the senior Registrar of the court until his arraignment. Further proceedings in the matter have been adjourned to November 17.
This ruling follows a fundamental rights enforcement suit filed by Mr. Emefiele, who had been in detention for approximately five months, with a legal team led by Mr. Matthew Burkaa, SAN.
The Respondents in the suit include the Federal Republic of Nigeria, the Attorney-General of the Federation, the Chairman of the Economic and Financial Crimes Commission (EFCC), and the EFCC itself.
Recalling that Mr. Emefiele was suspended from his position as the head of the apex bank by President Bola Tinubu on June 9, he was subsequently arrested at his Lagos residence by the Department of State Services (DSS).
He has faced charges related to illegal possession of a firearm, ammunition, and a 20-count corruption charge before different courts, with proceedings on hold as the parties explored a plea bargain deal with the Federal Government. Emefiele was later transferred to the EFCC detention facility by the DSS.
In opposition to Emefiele’s bail request, the Federal Government notified the court that he would face a new charge on November 15. This development followed a previous court order to release him unconditionally or produce him in court for a bail hearing.
