“There must be an end to detention without trial,” says judge
The Federal Capital Territory (FCT) High Court sitting at Maitama, on Wednesday, admitted Mr. Godwin Emefiele the detained Governor of the Central Bank of Nigeria (CBN) to bail in self recognition after five months of incarceration.
Trial court judge, Justice Olukayode Adeniyi, ordered that the embattled Emefiele should be released to his lawyers.
Ruling on his bail application, that had dragged for some time because the security agency failed to produce him in court before now, the Court said “there must be an end to detention without trial.”
Justice Adeniyi stressed that it was the refusal of the Economic and Financial and Crimes Commission (EFCC), to comply with the order of the court made on November 2, that led to the ruling.
He said besides, the court would not allow Emefiele to remain in custody as requested by the federal government on ground that the suspect would on November 15, be arraigned on a fresh charge.
The court held that the claim was speculative as there was nothing to establish that the planned arraignment would hold as scheduled.
More so, the court noted that a purported remand order that FG’s lawyer tendered before it, which was signed by an Abuja Chief Magistrate, bore conflicting dates.
“A very crucial fact that this court cannot overlook is the Applicant’s claim that he has been incarcerated for a period of upward of 151 days without trial,” Justice Adeniyi added.
He noted that section 298(2) of the Administration of Criminal Justice Act, ACJA, 2015, empowered the court to make necessary orders, even when there is a remand order against an Applicant.
Consequently, the court directed that Emefiele should be released to a team of three Senior Advocates of Nigeria, SANs, that represented him in the matter.
It held that the lawyers should produce him in court on November 15 for his planned arraignment or at any other date that he is required to appear in court.
Justice Adeniyi directed Emefiele to surrender all his international documents to the most senior Registrar of the court, pending his arraignment.
Subsequent upon the ruling justice Adeniyi adjourned further proceedings in the matter till November 17.
The ruling arose from a fundamental right enforcement suit that the erstwhile CBN boss filed through his team of lawyers led by Mr. Matthew Burkaa, (SAN).
The embattled former CBN who resigned his appointment while in detention had in the suit marked:.
FCT/HC/CV/040/2023 listed the Federal Republic of Nigeria, the Attorney-General of the Federation (AGF), Chairman of the Economic and Financial Crimes Commission, and EFCC itself as the 1,2,3 and 4, Respondents respectively.
Recall that the Department of State Services (DSS), had arrested Godwin Emefiele from his residence in Lagos after President Bola Tinubu suspected him from office as Governor of the Central Bank of Nigeria (CBN) on June 9, 2023.
Initially, the DSS had said Emefiele was being investigated for allegedly sponsoring Boko Haram terrorists in the country.
But surprisingly, no terrorism charge was brought against him, rather he was made to face a two-count charge of illegal possession of a firearm and ammunition before the Federal High Court in Lagos.
The government also filed a 20-count corruption charge against him and two others CBN officials before an FCT High Court sitting at Maitama.
Both trials , however were put on hold, following the decision of the Defendants to explore a plea bargain deal with Federal Government.