After spending 151 days in the custody of Federal Government security agencies, a High Court in the Federal Capital Territory has granted bail to the former Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele. This decision was made despite strong opposition from the Federal Government, represented by the Attorney General of the Federation (AGF) and the Economic and Financial Crimes Commission (EFCC). Emefiele has been allowed to go home and prepare for his arraignment scheduled for November 15.
Justice Olukayode Adegbola Adeniyi, who issued the bail, based his decision on the fact that Emefiele had exceeded the legal limit of detention in government custody. The judge also noted that the Federal Government had concluded its investigation into the allegations against the former CBN Chief and had prepared charges against him as early as August this year.
In his ruling on the bail application presented by Mathew Burkaa, a Senior Advocate of Nigeria (SAN), Justice Adeniyi emphasized that this decision was in the best interest of justice and fair play, particularly in accordance with the provisions of Section 35 of Nigeria’s Constitution. The judge specifically stressed the need to put an end to detention without trial by the federal government.
The Attorney General of the Federation and the Federal Government, represented by Oyin Koleoso, strongly opposed Emefiele’s request for bail, arguing that his release might interfere with the scheduled arraignment on November 15. However, they did not provide specific details on how this interference would occur.
The EFCC, through its counsel, Farouk Abudalla, insisted that Emefiele had not spent three months in their custody and urged the Court to deny the bail request.
The applicant’s counsel, on the other hand, refuted the Federal Government’s opposition, pointing out that the claim of potential interference with the arraignment was speculative since Emefiele had not been declared a flight risk. He urged Justice Adeniyi to disregard the EFCC’s claim that Emefiele was brought into their custody only on October 26.
The senior lawyer informed the Court that the former CBN chief was investigated by a team of inter-ministerial investigators from the EFCC, the police, and the Department of State Services (DSS), which jointly constituted the government agency.
As part of the bail conditions, Emefiele is required to be released to his senior lawyer, Matthew Burkaa, SAN, who must produce him on the day the Federal Government schedules his formal arraignment. Additionally, Emefiele is to deposit his travel passport with the Court’s Registrar until his arraignment.