adminA High Court of the Federal Capital Territory (FCT) in Maitama has declared unlawful the detention of the former governor of the Central Bank of Nigeria (CBN), Godwin Emefiele by federal government agencies for about five months without arraigning him in court.
In a judgment on Monday, January 8, Justice Olukayode Adeniyi held that no law allows the government and its agencies to detain a citizen beyond the period allowed by the Constitution.
The judgment was on a fundamental rights enforcement suit filed by Emefiele against the Federal Republic of Nigeria (FRN), the Attorney General of the Federation (AGF) the Executive Chairman of the Economic and Financial Crimes Commission (EFCC), and the Commission itself.
Justice Adeniyi held that the respondents violated Emefiele’s right to personal liberty, guaranteed by the Constitution when they detained him from June 13, 2023, to November 8, 2023 (when he was released by the court on bail) without arraigning him in court.
The judge awarded N100 million damages against the FRN and the EFCC (who are listed as the first and fourth respondents).
He also issued an order restraining the respondents from further arresting and detaining Emefiele without first obtaining an order from a court of competent jurisdiction.