Solomon Odeniyi
The Federal Capital Territory High Court in Abuja has declared the prolonged detention of the former governor of Central Bank of Nigeria, Godwin Emfiele without trial as a flagrant violation of his fundamental.
The court also slammed a total of N100m fine against the FG and the Economic Financial Crime Commission.
The judgment was given in a fundamental human rights suit filed by the former CBN governor following his
prolonged detention in the custody of the Department of State Services.
He asked the court to order the respondents to pay him N1bn damages and to restrain them from further arresting and or detaining him.
The PUNCH reports that the ex-CBN helmsman was arrested on June 10 shortly after his suspension by President Bola Tinubu.
Listed as defendants in the suit were the Federal Government, the Attorney General of the Federation; the Economic and Financial Crimes Commission, and its chairman.
Delivering the judgment on Monday, Justice Kayode Adeniyi also restrained the FG and its agents from re-arresting or detaining Emefiele without an order of court.
He said,” 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 herby 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. “
