ABUJA – Justice Kayode Adeniyi of the High Court of the Federal Capital Territory (FCT), on Monday, ordered the Federal Government and the Economic and Financial Crimes Commission (EFCC) to pay the sum of N100 million to the former governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, over unlawful detention without trial.
The order was based on a fundamental rights enforcement suit filed by the embattled former CBN governor against the Federal Government agency.
In the judgment, the court held that the prolonged detention of Emefiele in the custody of the Department of State Services (DSS) without trial was a flagrant violation of his fundamental rights.
Delivering judgment, Justice Adeniyi also restrained the Federal Government and its agents from re-arresting or detaining Emefiele without an order of court.
“It is hereby declared that the actions of the first and fourth respondents and its agents incarcerating the applicant 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 when 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 N100 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 personal liberty”, the court ordered.
The court added that, “Without prejudice to its powers 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 applicant without an order of a court of competent jurisdiction”.
Recall that in the rights enforcement suit, Emefiele had prayed the court to order the respondents to pay him N1 billion damages and to restrain them from further arresting and or detaining him.
The former CBN governor was arrested on June 10, 2023, shortly after his suspension by President Bola Tinubu.
Defendants in the suit were the Federal Government, the Attorney General of the Federation; the Economic and Financial Crimes Commission and its Chairman.
By Paschal Njoku: independent
