A FEDERAL Capital Territory (FCT) High Court has granted former governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, bail.
The judge, Olukayode Adeniyi, ordered that Emefiele be released immediately to his lawyers, who will need to bring him into court for his arraignment the following week or on any other day.
“Detention without trial must end,” the judge declared, emphasising that the decision was reached due to the Economic and Financial and Crimes Commission’s (EFCC) defiance of a November 2 court order.
Additionally, the court decided that Emefiele could not be detained due to the Federal Government’s claim that he would be charged with a new offence on November 15.
It determined that the claim was speculative since no evidence supported the idea that the scheduled arraignment would proceed as planned.
Furthermore, the court took note of the inconsistent dates on a remand order that the Federal Government’s attorney had presented to it and signed by an Abuja chief magistrate.
According to Adeniyi, while awaiting his arraignment, the former CBN chief was told to deposit his travel documents with the chief registrar of the court.
The judge ruled that incarceration without charge or trial must end.
According to the court, the Federal Government and the Attorney-General of the Federation are to obey the court’s ruling, stressing it would not ignore the fact that the defendant has been detained for 151 days.
The hearings on the substantive motion on notice and the preliminary objection were postponed to November 17, 2023.
The ICIR reported that the EFCC, on Monday, November 6, failed to produce Emefiele in court for the hearing of his motion on fundamental rights enforcement.
The action violates Adeniyi’s directive to the anti-graft agency to either present the former CBN governor in person for the hearing of a request on his bail or release him unconditionally.
This came days after the State Security Service (SSS) released him in October, and the EFCC later arrested him.
The court adjourned till Wednesday, November 8, to hear Emefiele’s application on notice and gave his lawyers time to provide more documentation.
Additionally, the judge reiterated his directive from November 2, calling for Emefiele’s unconditional release.
Emefiele, detained since June 9, filed a request with the court to uphold his fundamental human rights.
In addition to pleading for his quick release from EFCC custody, he is asking the court to grant him N5 million in damages.
A High Court in Abuja on July 14 nullified the arrest, detention, and interrogation of Emefiele by the SSS.
The court, presided by Bello Kawu, ordered his release and described his arrest and detention as illegal.
The court also granted an injunction restraining the security agencies, particularly the SSS, from interfering with his liberty and freedom of movement or taking other steps against him.
The judgment came barely 24 hours after another High Court in Abuja had ordered the release of the suspended CBN governor.
The ICIR had reported that the Abuja High Court ordered the SSS to file charges against Emefiele or release him within one week.
The ICIR reported that the SSS confirmed the arrest of the former apex bank governor, whom President Bola Tinubu suspended on June 9.
A reporter with the ICIR
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