The court has granted bail to the former Central Bank of Nigeria (CBN) Governor, Emefiele, ordering his release to his legal representatives. In a ruling delivered by Justice Olukayode Adeniyi, the judge emphasized the need to put an end to detention without trial and pointed out that the Economic and Financial Crimes Commission (EFCC) had failed to comply with the court’s previous order from November 2, which led to this decision.
Furthermore, the court rejected the Federal Government’s claim that Emefiele would be arraigned on a fresh charge on November 15, deeming it speculative and lacking concrete evidence of a scheduled arraignment. The court also noted discrepancies in a purported remand order presented by the Federal Government’s lawyer, which bore conflicting dates.
Justice Adeniyi underlined the crucial fact that Emefiele had been detained for over 151 days without trial. He cited section 298(2) of the Administration of Criminal Justice Act, 2015, which empowers the court to issue necessary orders, even when there is a remand order against the applicant.
Consequently, the court directed that Emefiele should be released to a team of three Senior Advocates of Nigeria (SANs) who represented him. These lawyers will be responsible for producing him in court on November 15 for his planned arraignment or any other date required by the court. Emefiele was also instructed to surrender all his international documents to the senior Registrar of the court, pending his arraignment.
Further proceedings in the matter were adjourned until November 17.
This ruling stems from a fundamental right enforcement suit filed by the former CBN boss, who has been in detention for approximately five months. The respondents in the suit include the Federal Republic of Nigeria, the Attorney-General of the Federation (AGF), the Chairman of the Economic and Financial Crimes Commission (EFCC), and the EFCC itself.
Emefiele had been suspended from his role as the head of the apex bank on June 9 by President Bola Tinubu and subsequently arrested at his Lagos residence by the Department of State Services (DSS). He has been facing legal challenges, including charges related to illegal possession of a firearm and ammunition in a Federal High Court in Lagos and a 20-count corruption charge in an Abuja High Court at Maitama. However, proceedings in both cases were halted when the defendants sought a plea bargain deal with the Federal Government.
Following the court’s directive on November 2, the EFCC produced Emefiele in court for the hearing of his bail application