Emefiele Wins As Court Awards N100M Against EFCC | READ DETAILS
The Federal Capital Territory High Court sitting in Abuja has awarded one hundred million naira (N100M) compensation against the Economic and Financial Crime Commission (EFCC), and the Federal Government for violating the fundamental human rights of former CBN governor, Godwin Emefiele.
Giving judgment on Monday on the fundamental human rights suit filed by Emefiele, the court presided over by Justice Olukayode Adeniyi, ruled that the EFCC and DSS flagrantly violated Emefiele’s human right by his prolonged detention in their custody without trial.
It also restrained the FG and its agents from rearresting or detaining Emefiele without an order from a court of competent jurisdiction.
The judge ruled thus;
“It is hereby declared that the actions of the first and fourth respondents and its agents incarcerating the applicants from June 13, 2023, to October 26, 2023, when he was transferred to the custody of the fourth respondent and his further detention by the third and fourth respondents without arraignment in the court of law for the commission of any offence up until November 8, 2023, when by the order of this court when the applicant was released on bail to his senior learned counsel constitutes a flagrant violation of the applicant’s fundamental rights to personal liberty preserved by the provision of section 35 of the constitution of the Federal Republic of Nigeria 1979 and Article 6 of the African charter on human and peoples right.
“Also, a sum of 100m only is hereby awarded in favour of the applicant against the first and fourth respondents jointly as damages for the unlawful violation of his fundamental right to his personal liberty.
“Without prejudice to the powers of the court with respect to the criminal trial, the applicant is currently facing at the High Court of the FCT, the respondents are hereby restrained either by themselves, their officers, agents, or any person acting on their behalf from further re-arresting or detaining the applicants without an order of a court of competent jurisdiction.”
“The third and fourth respondents referred to remand warrants obtained from the chief magistrate of the FCT in Wuse. I examined the said orders from the two magistrate courts and my finding is that the credibility is questionable,” he said.
“Time has come to put an end to the unwholesome culture and practices of arresting and keeping a suspect in detention before the investigation of the suspect alleged of an offence. A suspect must be allowed to have his day in court if indeed there is evidence of a commission of the crime against him.”
Recall that Emefiele had asked the court to order the respondents to pay him N1bn damages and to restrain them from further arresting or detaining him.
