Abuja Court Warns FG Against Detention Without Trial, Releases Emefiele To Counsel, Seizes Passport

By Ayodele Oni

A Federal High Court sitting in Abuja Court has cautioned the Federal Government against  detention without trial, just as it admitted former Governor of the Central Bank of Nigeria, (CBN) Godwin Emefiele, to bail after 151 days in detention.

Emefiele, first arrested and detained by the State Security Service, (SSS) was handed over to the Economic, Financial and Crimes Commission, (EFCC) two week ago.

The court  admitted the former CBN Governor to conditional bail on Wednesday.

In spite of stiff opposition from the Federal Government, the Attorney General of the Federation (AGF) and the EFCC, the court insisted that Emefiele must go home and prepare for his November 15 arraignment.

Justice Olukayode Adegbola Adeniyi who granted the bail hinged his decision on the fact that Emefiele had stayed in government custody beyond the time stipulated by law.

The Judge also predicated his decision on the fact that the Federal Government had completed investigation into the allegations against the former CBN Chief and had even prepared the charge against him as far as August this year.

In a ruling on the application for bail argued by Mathew Burkaa, a Senior Advocate of Nigeria SAN, Justice Adeniyi held that it is in the best interest of justice and fair play especially the provision of section 35 of Nigeria’s Constitution to follow the rule of law.

The Judge specifically said that there must be an end to detention without trial by the federal government.

Both the Federal Government, and AGF re-presented by Oyin Koleoso had strongly objected to Emefiele’s request for bail on the ground that he would interfere with the November 15 arraignment.

EFCC on its part, through its counsel, Farouk Abudalla stated that Emefiele had not spent three months in its own custody and urged the Court to refuse the bail request.

Counsel to the applicant however punctured the opposition of the Federal Government adding that the claim of likelihood of interference in arraignment was speculative because his client was not declared a flight risk.

He told Justice Adeniyi to disregard the claim of EFCC that Emefiele was brought to its custody only October 26.

The Senior lawyer informed the Court that the former CBN boss was investigated by a team of inter Ministerial Investigators from EFCC, Police and Department of the State Security Service DSSS which jointly constituted government agency.

The court however among others ordered that Emefiele must be released to his Senior lawyer Matthew Burkaa SAN, who must produce him any day the Federal Government chooses to arraign him.

Emefilele is also to deposit his travelling passport with the Registrar of the Court pending his formal arraignment.