Court Grants Bail to Emefiele after 151 Days in EFCC Custody

The former Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, has regained his freedom after spending 151 days in the custody of the Economic and Financial Crimes Commission (EFCC). He was granted bail by Justice Olukayode Adeniyi of the High Court of the Federal Capital Territory (FCT) in Maitama on Wednesday.

Emefiele, who looked frail and aged, was brought to the court by some EFCC operatives, some of whom were armed, around 2 pm. He was dressed in a light green native attire and a cap. He was later handed over to his lawyers and relatives, who escorted him to a black SUV parked outside the court.

Emefiele had filed a fundamental rights enforcement suit against the Federal Government of Nigeria, the Attorney General of the Federation, the Chairman of the EFCC and the EFCC, challenging his detention since June 10, 2023, without being charged for any offence.

His lawyer, Matthew Burkaa (SAN), told the court that the EFCC had complied with the court’s order of November 2, 2023, to produce Emefiele in court. Justice Adeniyi then asked Emefiele to stand up and be identified, which he did.

The judge commended the EFCC and its lawyer, Farouk Abdullah, for obeying the court’s order. He then heard arguments from both sides on whether to grant bail to Emefiele or not.

Burkaa argued that it was wrong for the Federal Government to keep Emefiele for 151 days in custody without being charged for any offence. He urged the court to exercise its powers under the Administration of Criminal Justice Act (ACJA) to grant Emefiele bail.

He added that the Federal Government and the EFCC had not shown that Emefiele was a flight risk who would not attend court when granted bail.

On their part, lawyers to the respondents, Oyin Koleosho and Abdullah, opposed the bail application. They noted that a charge was pending against Emefiele before another judge of the court, in which arraignment had been scheduled for November 15.

They also claimed that the EFCC had obtained a remand order from a Magistrate Court in Abuja to keep Emefiele in custody.

Ruling, Justice Adeniyi noted that the order to produce Emefiele was made pursuant to the provision of Order 4 Rule 4©(i) of the Fundamental Rights Enforcement (Procedure) Rules, which were made pursuant to the provision of Section 46(2) of the Constitution.

He noted that from the documents filed by the respondents, two issues stood out. The first was that a charge was pending against Emefiele before another judge of the court, in which arraignment had been scheduled for November 15.

The second, the judge said, was that the EFCC also brought to the court’s attention a copy of a remand order it claimed to have obtained from a Magistrate Court in Abuja.

He said despite the identified issues, the fact that Emefiele was kept in state’s custody for about 151 days without being arraigned before a court in relation to any criminal offence, was of utmost concern to the court.

Justice Adeniyi added: “Even where a remand order subsists, the court is empowered under Section 298(2) of the Administration of Criminal Justice Act (ACJA) to make any orders it considers necessary during the remand period.

“I must emphasize that the essence of the exercise today is not for counsel on both sides to argue or debate on whether or not the court should admit the applicant (Emefiele) to bail. The order of the court of November 2, 2023 is already clear on that.

“The exercise today only becomes necessary for the refusal of the 3rd and 4th respondents to abide by the first option given by the court in its order of November 11, which is to release the applicant unconditionally.

He said although the court had been informed that Emefiele would be arraigned on November 15, it was not a sufficient reason to deny him bail. He said the court had the discretion to grant bail to Emefiele pending his arraignment.

He then granted Emefiele bail in the sum of N500 million with two sureties in like sum. He said the sureties must be residents of Abuja and must have landed properties within the FCT.

He also ordered that Emefiele must deposit his international passport with the court’s registrar and must not travel out of the country without the court’s permission.

He adjourned the case till December 15, 2023, for the hearing of the substantive suit.

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