Unlawful Detention: Court orders FG to pay N100m to ex-CBN gov, Emefiele

The High Court of the Federal Capital Territory, FCT, seated at Maitama, has mandated the Federal Government to pay the sum of N100 million to the former Governor of the Central Bank of Nigeria, Mr. Godwin Emefiele, for violating his fundamental rights. Justice Olukayode Adeniyi, delivering the judgment on Monday, declared the extended detention of Emefiele by security agencies without trial as illegal and unconstitutional. The court ruled that the Federal Government, through its agencies, flagrantly violated Emefiele’s rights as enshrined in the 1999 Constitution, as amended.

As a result, the court issued a restraining order preventing the Federal Government and its agents from re-arresting or detaining Emefiele again without a court order. The judgment stemmed from a fundamental rights enforcement suit filed by the former CBN boss challenging the legality of his prolonged detention by the Department of State Services (DSS). Emefiele sought damages amounting to N1 billion in the suit.

Recall that President Bola Tinubu suspended Emefiele from his position as the head of the apex bank on June 9. Subsequently, Emefiele was arrested at his Lagos residence by DSS operatives. The former CBN governor faced a two-count charge related to illegal possession of a firearm and ammunition before the Federal High Court in Lagos. Additionally, the Federal Government lodged another corruption charge against him before the Abuja High Court.

Emefiele was later transferred to the Economic and Financial Crimes Commission (EFCC), which on November 28, 2023, arraigned him on a six-count charge related to alleged involvement in procurement fraud. Despite being granted bail to the tune of N300 million with specific conditions, Emefiele spent 151 days in custody before his release from Kuje prison on December 23, unable to fulfill the conditions until that date.