Explainer: The Emefiele Court Saga Continues

What Happened 

One day after his suspension, the former Central Bank  governor, Godwin Emefiele, in June 2023, was  arrested by the Department of State Services (DSS) for investigative reasons undisclosed to the public. His detention has been met with jubilation by the Nigerian public who had suffered as a result of his egregious monetary policies over the past years and believe him to be finally facing consequences for his actions. Emefiele was held in custody without an arraignment for weeks before he was finally arraigned in July on a two count charge of illegal possession of a firearm. The subject of the charge being unrelated to any economic crimes gave the presumption of it being an attempt to keep him in custody and avoid accusations of witch hunting in the continued absence of an arraignment. An application for bail was also approved, set to the amount of N20 million Naira with additional conditions,  the DSS was ordered by the court to transfer custody of Emefiele to the Nigerian Correctional Service pending fulfillment of his bail conditions. However, the DSS and Prison police got into a physical altercation as the DSS refused to hand Godwin Emefiele over. A few days later, the DSS sought an order of the court to detain Emefiele for a few more weeks, which was later withdrawn and  struck out by the court.

The DSS vs Emefiele legal saga has been filled with the drama  and hurdles  typical of most high profile Nigerian cases. In August, the illegal weapons charges brought against him were dropped and the Economic and Financial Crimes Commission (EFCC) brought forward a  20 count charge for offenses bordering on procurement fraud shortly after. In October, Emefiele was then transferred to EFFC’s custody. The charges were then reduced to 6 counts in November and he was remanded in Kuje Correctional Facility until his final  release on bail in December, after fulfilling bail conditions which included payment of the sum of N300 million. 

While the court cases were ongoing and Emefiele remained detained with these different agencies, his counsel instituted an Enforcement of Fundamental Human Rights suit against the Federal Government and other involved parties over his continued detention without arraignment. This week,  a High Court of the Federal Capital Territory (FCT), Abuja, ruled in favor of Emefiele, stating that his detention without a charge or trial was an infringement of his right. The opposing parties were then fined N100 million. 

Infringement of Fundamental Human Rights 

The Fundamental Human Rights of every Nigerian citizen is entrenched in chapter IV of the Constitution of the Federal Republic of Nigeria 1999. It provides that any person “arrested or detained shall be informed in writing within twenty-four hours (and in a language that he understands) of the facts and grounds for his arrest or detention” and a person arrested or detained should be brought before the court within a reasonable time. Emefiele was arrested on 10th June 2023, but was not charged until 25th July- more than one month later. In addition to this, he was held  in several detention centers despite the court approving his bail application and multiple orders of the court for his release. One thing Nigerian security agencies fail to respect is the existence of Human Rights in the face of criminal allegations, and oftentimes even in the absence of those allegations. Emefiele’s dealings in court should not strip him of the rights still available to him. This is unfortunately  rampant in Nigeria, where alleged criminals are arrested and locked up for months and years without trial or bail. However, the difference between those frequent cases of prolonged detention and Emefiele’s is the privilege the former CBN governor has to find redress to this infringement in court, while the average Nigerian cannot afford that opportunity.  

What’s Next 

The decision of the High Court of the Federal Capital Territory awarding N100 million to Emefiele can be appealed by the opposing parties in the suit. However, the case in court against Emefiele for procurement fraud will continue till a decision is reached or till the prosecution withdraws it.