From Godwin Tsa, Abuja
Respite came the way of detained former Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, as the High Court at the Federal Capital (FCT), yesterday, granted him bail.
After spending 151 days in custody, Justice Olukayode Adeiyi said Emefiele had stayed in government’s custody beyond the time frame stipulated by law.
Among other conditions attached to his bail, the former CBN governor must be released to his counsel, Matthew Burkaa (SAN), who must produce him in court any time the Federal Government chooses to arraign him.
In addition, Emefiele is to deposit his travelling documents with the registrar of the court, pending his arraignment.
Emefiele’s freedom came with stiff opposition from the Federal Government, the Attorney General of the Federation (AGF) and the Economic and Financial Crimes Commission (EFCC). The ruling followed a human rights enforcement suit that was filed by his team of lawyers headed by Matthew Burkaa (SAN) after about five months in detention.
Respondents in the suit marked: FCT/HC/CV/040/2023, are; the Federal Republic of Nigeria, the Attorney-General of the Federation (AGF), Chairman, EFCC, as well as the anti-graft agency itself. Justice Olukayode Adeniyi ordered that he be released to his lawyers.
“There must be an end to detention without trial,” the judge held, stressing that it was the refusal of the Economic and Financial and Crimes Commission (EFCC) to comply with the order the court gave on November 2 that led to the ruling.
The court said it could not allow Emefiele to remain in custody owing to the claim of the Federal Government that he would, on November 15, be arraigned on a fresh charge. It equally held that the claim was speculative as there was nothing to establish that the planned arraignment would hold as scheduled.
In addition, 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 held 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 be released to a team of three Senior Advocates of Nigeria (SANs) who 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.
It subsequently adjourned further proceedings in the matter till November 17.