In a significant legal development, the Federal Capital Territory High Court in Abuja has declared the prolonged detention of former Central Bank Governor Godwin Emefiele without trial a blatant violation of his fundamental rights. The court has imposed a N100m fine on the Federal Government and the Economic Financial Crimes Commission (EFCC) for this infringement.
The judgment, delivered in response to a fundamental human rights suit filed by Emefiele, addressed his extended detention in the custody of the Department of State Services. The court ordered the respondents to pay him N1bn in damages and restrained them from further arresting or detaining him without a court order.
Former CBN governor Emefiele was arrested on June 10, shortly after his suspension by President Bola Tinubu. Defendants in the suit included the Federal Government, the Attorney General of the Federation, the EFCC, and its chairman.
Presiding judge Olukayode Adeniyi, in delivering the judgment on Monday, not only declared the violation of Emefiele’s fundamental rights but also restrained the FG and its agents from re-arresting or detaining him without a court order.
The judge stated, “A sum of 100m 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.”
While examining the remand warrant obtained by the EFCC, Judge Adeniyi found it questionable, emphasizing the need to end the practice of arresting suspects before a proper investigation.
He stated, “Time has come to put an end to the unwholesome culture and practices of arresting and keeping a suspect in detention before the investigation of the suspect alleged of an offence.”
Adeniyi further highlighted that the framers of the Constitution did not place restrictions on the High Court, emphasizing citizens’ right to seek redress for the violation of their fundamental human rights.
