The High Court of the Federal Capital Territory (FCT), Abuja, on Monday, ordered the anti-graft agency, the Economic and Financial Crimes Commission (EFCC) to pay N100 million to former Governor of the Central Bank of Nigeria, Godwin Emefiele as damages for his prolonged detention over corruption allegations.
The judge, Olukayode Adeniyi, stated that the commission’s detention of Emefiele in the course of his investigation was a violation of his right to liberty.
Adeniyi, in his judgement on Monday, restrained the Federal Government and its agents, including the EFCC, from arresting Emefiele unless an order was obtained through a competent court.
The judge gave the ruling in a suit brought by Emefiele challenging his detention for several weeks by the EFCC.
He held that the respondents – the Federal Government and its agents – needed not incarcerate the applicant in order to carry out an investigation for a long period against the provisions of the law.
“No material placed before the court to show that the release of the applicant will in any way interfere with the investigation of allegations preferred against him.
“The first respondent as a creation of the law is constantly bound by the law.
“The remand order that was not obtained properly is considered to be a fragrant violation of the fundamental right of the applicant.
“The facts placed before the court show that he was incarcerated beyond the period stipulated by the law with charging him to court.
He held that the agents of the government who are in charge of arrest and detention should abide by the provisions of the law, else they would be liable to pay compensation to a person whose fundamental right was violated.
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The judge further held that it is not the length of time that determines violation of fundamental rights but the illegality of the action.
Emefiele had sued the Federal Government, the Attorney-General of the Federation (AGF), the chairperson of the EFCC and the Commission itself before the court to enforce his fundamental rights to life, personal liberty, fair hearing and freedom of movement.
The former Governor sought a declaration of the court that his continued detention by the agency of the first and second respondents since 10th June, 2023 and subsequent transfer to the custody of the third and fourth respondents on 26th October, 2023 without being arraigned in court is unlawful.
He said the respondents in defiance of several valid subsisting court orders for his release amounts to a grave violation of his fundamental rights to life, personal liberty, as guaranteed by the Nigerian constitution and the African Charter on Human and Peoples’ Rights.
He, therefore, among others sought an injunction restraining the respondents from further arresting and or further detaining him up on his release by the court without proffering a criminal charge against him.
He also sought damages of N1 billion in his favour for the violation of his fundamental rights.
EFCC is currently prosecuting Mr Emefiele on procurement fraud charges before another judge of the FCT High Court, Hamza Muazu.
Reacting, the EFCC vowed to appeal the judgment, saying Emefiele was detained based on a court order.
“The decision failed to take cognizance of the fact that the former CBN boss was held with a valid order of court. Consequently, the Commission will approach the Court of Appeal to set it aside,” EFCC spokesperson Dele Oyewale said in a Monday statement.
