Court to rule on Emefiele’s rights enforcement suit January 8

Justice Olukayode Adeniyi of the Federal Capital Territory (FCT) High Court on Monday fixed January 8, 2024 for judgment in the enforcement of fundamental rights suit filed by the former Governor of Central Bank of Nigeria (CBN), Godwin Emefiele.

The judge fixed the date after listening to arguments by parties in the suit.

He equally reserved ruling in the preliminary objections filed by all the four respondents in the suit marked FCT/HC/CV/040/2023

The respondents are the Federal Government, the Attorney-General of the Federation (AGF), Executive Chairman of the Economic and Financial Crimes Commission (EFCC) and the Commission.

Emefiele had approached the court to enforce his fundamental rights to life, personal liberty, fair hearing and freedom of movement.

He also sought a declaration that his continued detention by the EFCC since June 10 and subsequent transfer to custody on October 26 without being arraigned in court was unlawful.

He argued that the respondents refusal to obey several valid court orders for his release amounts to a grave violation of his fundamental rights to life, personal liberty, as guaranteed by the 1999 Constitution of Nigeria (as amended) and the African Charter on Human and Peoples’ Rights.

The former CBN governor, therefore, sought among others an injunction restraining the respondents from further arresting and or further detaining him without proffering a criminal charge against him.

He also sought damages of N1 billion for the violation of his fundamental rights.

Earlier, counsel for Emefiele, Mathew Burkaa (SAN), told the court that the applicant was detained for 151 days contrary to the law of the land which stipulates 48 hours for detention of an accused person.

He, therefore, urged the court to enter judgment and award damages in his client’s favour.

Emefiele was first arrested by the Department of State Service (DSS) on June 10 following his suspension by President Bola Tinubu.

The applicant was later detained by EFCC after he was released by the DSS on October 23.

He was arraigned by the commission on fraud charges following a court order on November 17.

He was however granted bail in the sum of N300 million by the FCT court five days later.

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