Court Blocks Emefiele’s Rearrest; EFCC Objects to N100m Penalty

The Federal Capital Territory High Court in Abuja has ruled against the extended detention of former Central Bank Governor Godwin Emefiele, deeming it a blatant violation of his rights.

The court has imposed a hefty N100 million fine on both the Federal Government and the Economic and Financial Crimes Commission (EFCC). Additionally, it has prohibited them from re-arresting or detaining Emefiele without a valid court order.

Emefiele, who faced arrest on June 10 following his suspension by President Bola Tinubu, endured a lengthy period in custody. Despite being arraigned on illegal firearms charges and granted bail in July 2023, the Department of State Services (DSS) re-arrested him on the court premises in a clash with correctional center warders.

Released by the DSS on October 26 after nearly five months in custody, Emefiele was swiftly taken into custody by the EFCC until November 8. The court judgment, delivered by Justice Olukayode Adeniyi, emphasized the violation of Emefiele’s fundamental rights to personal liberty.

Justice Adeniyi declared, “It is hereby declared that the actions…constitutes a flagrant violation of the applicant’s fundamental rights to personal liberty.” He awarded N100 million in damages against the government and EFCC jointly.

The judgment also restrained the authorities from re-arresting or detaining Emefiele without a court order. Justice Adeniyi criticized the questionable remand warrants obtained by the EFCC and stressed the need to halt the practice of arresting suspects before a thorough investigation.

Reacting to the judgment, the EFCC expressed dissatisfaction, announcing their intention to appeal. The agency argued that the decision did not consider Emefiele’s detention with a valid court order and pledged to approach the Court of Appeal to set aside the ruling.