After 151 days in the custody of the Federal Government security agencies, a High Court of the Federal Capital Territory on Wednesday admitted the former Governor of the Central Bank of Nigeria CBN, Godwin Emefiele to conditional bail.
The Court in spite of stiff opposition from the Federal Government, the Attorney General of the Federation AGF and the Economic and Financial Crimes Commission EFCC permitted Emefiele to go home and prepare for his November 15 arraignment.
Justice Olukayode Adegbola Adeniyi who granted the bail hinged his decision on the fact that Emefiele had stayed in government custody beyond the time stipulated by law.
The Judge also predicated his decision on the fact that the Federal Government had completed investigation into the allegations against the former CBN Chief and had even prepared the charged against him as far as August this year.
In a ruling on the application for bail argued by Mathew Burkaa, a Senior Advocate of Nigeria SAN, Justice Adeniyi held that it is in the best interest of justice and fair play especially the provision of section 35 of Nigeria’s Constitution to follow the rule of law.
The Judge specifically said that thete must be an end to detention without trial by the federal holiday.
Both the Federal Government, and AGF represented by Oyin Koleoso had strongly objected to Emefiele’ s request for bail on the ground that he would interfere with the November 15 arraignment but did not tell the court how the interference would be done.
The EFCC for its part through its counsel, Farouk Abudalla insisted that Emefiele had not spent three months in its own custody and urged the Court to refuse the bail request.
The Counsel to the applicant however punctured the opposition of the Federal Government adding that the claim of likelihood of interference in arraignment was speculative because his client was not declared a flight risk.
He told Justice Ademiyi to disregard the claim of EFCC that Emefiele was brought to its custody only October 26.
The Senior lawyer informed the Court that the former CBN boss was investigated by a team of inter inter-ministerial investigators from EFCC, the Police and the Department of the State Security Service DSSS which jointly constituted government agency.
However, among others, Emefiele must be released to his Senior lawyer Matthew Burkaa SAN who must produce him any day the Federal Government chooses to arraign him.
Emefilele is also to deposit his travelling passport with the Registrar of the Court pending his formal arraignment.
It would be recalled that Justice Adeniyi had on Monday, reaffirmed his order that the detained former CBN governor be brought to court today for the purpose of admitting him to bail.
At the resumed hearing, counsel for Emefiele, Mathew Burkaa, applied that his client be admitted to bail on liberal terms, having been in the custody of security agencies for 151 days. He made this application to Provisions of Section 35 (4a and b) of the 1999 constitution.
While objecting to the bail application, counsel for the Attorney General of the Federation and the Federal Government, Onyi Koleosho, pointed out that Emefiele was transferred to the custody of the EFCC on October 26, and that date is not up to two months.
He stated that a hearing notice has been issued by the court to the effect that Emefiele will be arraigned on November 15, 2023, in respect of a pending charge filed by the office of the AGF.
He said the court should decline the application for Emefiele’s release in the interest of justice, and to avoid a situation where the scheduled arraignment may interfere with investigations, adding that releasing him will pose further problems and difficulties for the prosecution to get him to attend court next week, for his arraignment.
Counsel for the EFCC, Farouk Abdallah, agreed that the issue of bail is at the discretion of the court.
In a further submission, Counsel for Emefiele pointed out that his client has not been served any charge to date. He assured the court that the former CBN governor is not a flight risk and doesn’t have the capacity to stop his arraignment by the Federal Government next week.
Noting that his client has been in custody all this while, the lawyer noted that Nigeria would lose nothing by granting Emefiele bail.
During the proceeding, Emefiele was also given the room to address the court. He said he hasn’t been charged till date.
Counsel for the EFCC, however, said he is taken aback by these claims because when Emefiele was brought before a sister court (Justice Muazu), he was meant to take his plea.
The EFCC counsel further prayed the court to impose terms that are attainable for Emefiele to come to court on November 15 for him to take his plea.
In his ruling on Wednesday, the judge granted Emefiele bail.
The substantive motion on notice as well as the preliminary objection were adjourned to November 17, 2023 for hearing.
