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…EFCC to appeal judgment
From Godwin Tsa, Abuja
The High Court of the Federal Capital Territory (FCT), yesterday, ordered the Economic and Financial Crimes Commission (EFCC) to pay detained former Governor of the Central Bank of Nigeria (CBN), Godwin Emfiele, the sum of N100 million for his prolonged detention without trial.
Justice Kayode Adeniyi, in his judgment, declared the prolonged detention of Emefiele without trial by the EFCC as a flagrant violation of his fundamental rights.
The judgment was given in a fundamental human rights suit filed by the former CBN governor, against his prolonged detention in the custody of the Department of State Services (DSS).
He asked the court to order the respondents to pay him N1 billion damages and to restrain them from further arresting and/or detaining him. Emefiele was arrested on June 10, shortly after his suspension by President Bola Tinubu.
Listed as defendants in the suit were the Federal Government, the Attorney General of the Federation (AGF); the Economic and Financial Crimes Commission (EFCC), and its chairman.
Justice Adeniyi also restrained the Federal Government and its agents from re-arresting or detaining Emefiele without an order of court.
He said, “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, when he was transferred to the custody of the fourth respondent, and his further detention by the third and fourth respondents without arraignment in the court of law, for the commission of any offence up until November 8, 2023, when, by the order of this court, the applicant was released on bail to his senior learned counsel, constitutes a flagrant violation of the applicant’s fundamental rights to personal liberty preserved by the provision of Section 35 of the Constitution of the Federal Republic of Nigeria 1979 and Article 6 of the African Charter on Human and Peoples right.
“Also, a sum of 100 million only is hereby awarded in favour of the applicant against the first and fourth respondents, jointly as damages for the unlawful violation of his fundamental right to his personal liberty.
“Without prejudice to the powers of the court with respect to the criminal trial the applicant is currently facing at the High Court of the FCT, the respondents are, hereby, restrained, either by themselves, their officers, agents, or any person acting on their behalf, from further re-arresting or detaining the applicants without an order of a court of competent jurisdiction. “
Meanwhile, the EFCC has expressed dissatisfaction with the judgment of the FCT Hight Court and vowed to appeal it.
Spokesman of the anti graft agency, Dele Oyewale, in a statement, yesterday, said the commission would appeal the judgment immediately.
“The decision failed to take cognisance 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 not set it aside,” he said.
