…Calls for an end to unjust practice of detention without trial
In a landmark ruling delivered by Justice Olukayode Adeniyi, an Abuja High Court sitting at Maitama has granted bail to the former Governor of the Central Bank of Nigeria, Mr. Godwin Emefiele.
This decision comes as a resounding victory for Emefiele, who has been detained without trial for an extended period of time.
The judge, in his ruling, emphasised the importance of putting an end to the unjust practice of detention without trial.
He expressed his disappointment in the Economic and Financial Crimes Commission (EFCC) for failing to comply with the court’s previous order, which was issued on November 2.
It was this failure to comply that ultimately led to the court’s decision to grant bail to Emefiele. Furthermore, the court made it clear that it could not allow Emefiele to remain in custody based solely on the Federal Government’s claim that he would be arraigned on a fresh charge on November 15.
The judge deemed this claim to be speculative, as there was no concrete evidence to support the scheduled arraignment.
In a surprising turn of events, the court also noted that the remand order presented by the Federal Government’s lawyer contained conflicting dates. This discrepancy further weakened the government’s case and strengthened the court’s resolve to grant bail to Emefiele.
“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.
Justice Ahmed Mohammed ruled that section 298(2) of the Administration of Criminal Justice Act, ACJA, 2015, gave the court the power to make necessary orders, even when there is a remand order against an Applicant.
As a result, Emefiele was released to a team of three Senior Advocates of Nigeria, SANs, who represented him in the matter. The lawyers were instructed to 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 Mohammed directed Emefiele to surrender all his international documents to the most senior Registrar of the court, pending his arraignment. Further proceedings in the matter were adjourned until November 17.
The ruling followed a fundamental right enforcement suit that Emefiele filed through his team of lawyers led by Mr. Matthew Burkaa, SAN.
The suit was against the Federal Republic of Nigeria, the Attorney-General of the Federation, AGF, Chairman of the Economic and Financial Crimes Commission, EFCC, as well as the anti-graft agency itself.
It will be recalled that President Bola Tinubu had on June 9, suspended Emefiele from office as the head of the apex bank.
He was arrested by the Department of State Services (DSS) at his Lagos residence and was subsequently transferred to the Economic and Financial Crimes Commission (EFCC) detention facility.
Emefiele had faced a two-count charge of illegal possession of a firearm and ammunition before the Federal High Court in Lagos, as well as a 20-count corruption charge before an Abuja High Court sitting at Maitama.
However, proceedings in both cases were put on hold as the defendants explored a plea bargain deal with the Federal Government.The former CBN boss had requested bail, but the FG had opposed it, notifying the court that he would be arraigned on a fresh charge on November 15.
In compliance with a directive from Justice Adeniyi on November 2, the EFCC produced Emefiele in court for the hearing of his bail application.The terms of Emefiele’s bail were not immediately available.