The Federal Capital Territory High Court sitting in Maitama, Monday, declared the prolonged detention of the former governor of Central Bank of Nigeria, Godwin Emfiele without trial as a flagrant violation of his fundamental right.
Consequently, Justice Kayode Adeniyi ordered the payment of N100million as fine against the Federal Government and the Economic and Financial Crime Commission (EFCC).
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.
In his argument, the embattled former CBN governor prayed the court for an order to mandate the respondents to pay N1billion damages to him and to restrain the prosecutor from further arresting and or detaining him.
Recall that the ex-CBN was arrested on June 10, shortly after his suspension by President Bola Tinubu.
The Federal Government, the Attorney General of the Federation, the Economic and Financial Crimes Commission, and its chairman were mentioned as the respondents in the matter.
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 in 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,” Justice Adeniyi ruled.
