EFCC to Appeal Decision, Contending Validity of Detention Order
In a landmark ruling, the Federal Capital Territory High Court in Abuja has declared the prolonged detention of the former Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, without trial as a flagrant violation of his fundamental rights. The court has imposed a hefty fine of N100 million against the Federal Government and the Economic and Financial Crimes Commission (EFCC) and barred them from rearresting or detaining Him without a valid court order.
Emefiele, who was arrested on June 10 and subsequently detained by the Department of State Services (DSS), filed a fundamental human rights suit challenging his prolonged detention. The former CBN governor faced re-arrest by the EFCC immediately after being released by the DSS on October 26, 2023, leading to further custody until November 8.
Justice Olukayode Adeniyi delivered the judgment, stating, “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…constitutes a flagrant violation of the applicant’s fundamental rights to personal liberty.” The court awarded N100 million in damages against the Federal Government and the EFCC for the unlawful violation of Emefiele’s rights.
Furthermore, the court restrained the respondents from re-arresting or detaining Emefiele without a court order, emphasizing the need to end the practice of detaining suspects before completing investigations.
In response to the judgment, the EFCC expressed dissatisfaction and announced its intention to appeal. The anti-graft agency contends that Emefiele was held with a valid court order, and it will approach the Court of Appeal to set aside the decision.
Emefiele’s legal victory signifies a pivotal moment in addressing issues related to the rights of detainees and the need for proper legal processes before and during investigations
