On Wednesday, a Federal Capital Territory High Court granted bail to Godwin Emefiele, the former governor of the Central Bank of Nigeria (CBN), following his 151-day detention by the Federal Government’s security agencies.
Emefiele was allowed to return home and get ready for his arraignment on November 15 by the court, despite strong resistance from the Federal Government represented by the Attorney General of the Federation (AGF) and the Economic and Financial Crimes Commission (EFCC).
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Emefiele had remained in government custody past the legally mandated period, which was the basis for Justice Olukayode Adegbola Adeniyi’s decision to grant bail.
The Federal Government’s investigation into the accusations against the former CBN Chief was concluded, and as of August of this year, the charges against him were drafted, which the Judge also used as support for his decision.
Judge Adeniyi ruled in favour of justice and fair play, citing section 35 of the Nigerian Constitution, in his decision about the bail application presented by Mathew Burkaa, a Senior Advocate of Nigeria, SAN.
The judge made it clear that the federal government’s practise of detaining people without allowing them to face trial must halt.
Emefiele’s motion for release was vehemently opposed by the AGF and the Federal Government, represented by Oyin Koleoso, on the grounds that he would impede the arraignment scheduled for November 15; however, they did not disclose to the court the specifics of their interference.
Through Farouk Abudalla, the EFCC’s attorney, the organisation argued that Emefiele had not been under its custody for three months and urged the court to deny the bail plea.
However, the applicant’s attorney cut through the Federal Government’s resistance, pointing out that his client was not deemed a flight danger, therefore the claim of probable interference during arraignment was theoretical.
He instructed Justice Ademiyi to reject the EFCC’s assertion that Emefiele was only taken into their custody on October 26.
A team of interministerial investigators from the EFCC, the Police, and the Department of the State Services (DSS), which together comprised the government agency, were looking into the former CBN boss, the Senior Lawyer told the court.
Emefiele must, among other things, be given to his senior attorney, Matthew Burkaa, SAN, who is required to present him on whatever day the Federal Government decides to charge him.
In addition, Emefiele must provide the court registrar his travel passport as he awaits his official arraignment.
