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Tag: emefiele

  • How I collected $600,000 contract gratification allegedly for Emefiele – Ex-CBN director

    How I collected $600,000 contract gratification allegedly for Emefiele – Ex-CBN director

    A former Director of Information Technology of the Central Bank of Nigeria (CBN), Mr John Ayoh, has explained how he collected $600,000 allegedly for contract gratification for the embattled ex-apex bank governor, Mr Godwin Emefiele.

    Ayoh, while being led in evidence by the Economic and Financial Crimes Commission (EFCC), counsel, Mr Rotimi Oyedepo (SAN), on Monday, told an Ikeja Special Offences Court that he spent eight years in the apex bank.

    He told the court that he received a letter from the agency concerning two transactions which he facilitated through Emefiele.

    Ayoh, Head of Procurement and Support Services (PSS) Department, told the court that the first envelope containing $400,000 was brought to his house in Lekki while he received the second envelope containing $200,000 at the Tinubu Head Office of the CBN.

    Ayoh said that he was vested with powers to receive applications for award of contracts to select successful bidders.

    According to him, the first leg of the transaction was at his residence in Lekki Phase One while the second envelope money he received occurred  at the Tinubu Head Office of the CBN.

    He said: “The man to deliver the second transaction came to our office in Lagos and I informed the governor but he said he did not want to see a third party that I should bring the envelope myself.

    “I complied with the instruction and went to his office and delivered it.

    “Mr John Adeola was the one I sent my address to and he came to my house.

    “He is the governor’s assistant and the total  money I received on his behalf was $400,000  and $200,000, respectively.”

    The witness informed the court that the vendors who allegedly brought the envelopes with money were in charge of the implementation of Netapp Storage Architectural and Infrastructural Services.

    While under cross-examination by the first defence counsel, Mr Olalekan Ojo (SAN), he told the court that his schedule of duties did not include running errands for Emefiele but he directly worked under him.

    Ayoh confirmed to the court that Emefiele was not a member of the PSS but a member of the Major Contract Tender Committee (MCTC).

    He added that he had never facilitated in the commission of any crime.

    Ojo asked if the witness wrote in his statement that he was forced to aid or abet the commission of accepting gratification.

    The witness said: “I do not remember the exact word that I used and I did not write in my statement that I opened the two envelopes on the two occasions to check the total sum of money.

    “I wrote a statement and it implied that the money in the envelopes was given to me to influence the award of contract.

    “I did not take part in the decision of the MCTC but I recommended that the award be given and I was not bribed.

    “I was invited by the EFCC on Feb. 17, I was not arrested but I returned home on administrative bail.”

    The witness told the court  that he operated under duress, while he received the two envelopes from the contractors.

    “On your honour, did you indicate in your statement that you were acting under duress while running errands for the first defendant,” the learned silk asked.

    The prosecution, however, objected to the question and argued that the statement of the witness was not before the court.

    The first defence counsel sought that the statement of the defendant be admitted into evidence.

    Justice Rahman Oshodi, thereafter, admitted the statement of the witness, (three pages) into evidence, following arguments and counter arguments of the counsel.

    The Senior Advocate reteirated that the witness showed to the court where it was written in his statement that he acted under duress.

    The witness told  the court that the instructions from Emefiele indicated that he bent rules.

    The judge, thereafter, adjourned the case until May 3 for continuation of cross-examination.

    Emefiele’s counsel also pleaded with the court to release the defendant to him on self-recognition because he had not met with his bail application.

    The learned silk, however, prayed the court that the defendant would meet up before May 17.

    There was no objections from the second defence counsel and the prosecution left the decision at the discretion of the court.

  • Alleged abuse of office: Emefiele challenges court’s jurisdiction

    Alleged abuse of office: Emefiele challenges court’s jurisdiction

    The suspended Central Bank of Nigeria (CBN) Governor, Godwin Emefiele on Monday challenged  the jurisdiction of an Ikeja Special Offences Court to hear the alleged abuse of office and multi billion dollars fraud leveled  against  him.

    Mr Olalekan Ojo, SAN, who led other  counsel, appeared for Emefiele while Mr Kazeem Gbadamosi, SAN, appeared for the former CBN governor co-defendant, Henry  Isioma-Omoil.

    Ojo in his motion on notice dated April  24 argued that the court lacked  the constitutional jurisprudence to hear the charge  against Emefiele.

    He said: ”there is need to consider  jurisdictional  objection  before allowing this case.

    “This defendant ought not to be arraigned before this court on constitutional grounds.

    “We are saying  that charges against the first  defendant is unconstitutional.

    “I urge your lordship  to toe the part of legality and constitutionality to determine this application.”

    The Economic and Financial Crimes Commission (EFCC) counsel led by Mr Rotimi Oyedepo ,SAN, however, urged the court to dismiss the application of  the first defendant counsel, as it was a course to delay justice.

    Oyedepo said that the  approach was intended to take up from where the prosecution was coming from.

    According to him, a collective resolution as a nation is to prevent undue delay in criminal matters.

    “Your lordship, trial has commenced and witnesses have been assembled in court today to give evidence.

    “The application of the first  defendant is unconstitutional as this is a means to draw us backward.

    “I humbly  urge  the court  to discountenance the submission of defence on jurisdiction and allow  the trial to continue,” Oyedepo said.

    Justice Rahman Oshodi, rejected Emefiele’s request to discontinue hearing.

    Oshodi deferred ruling on the  preliminary objection to final judgment stage.

    According to the judge, when the embattled former CBN governor was a arraigned on April 8, the prosecution informed the court of an accelerated hearing in which the defense did not object.

    NAN reports that as at the time of filing this report, the court has ordered the prosecution to call its next witness.

  • Alleged procurement fraud: Court adjourns Emefiele‘s case until June 24

    Alleged procurement fraud: Court adjourns Emefiele‘s case until June 24

    A Federal Capital Territory (FCT) high court on Thursday, adjourned until June 24 for continuation of hearing the trial of suspended Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele at the instance of the prosecution.

    The Economic and Financial Crimes Commission (EFCC) charged Emefiele with 20 counts of criminal breach of trust, forgery, conspiracy to obtain by false pretence and obtaining money by false pretence, when he served as the apex bank’s boss.

    The EFCC alleged that the suspended CBN governor forged a document titled: Re: Presidential Directive on Foreign Election Observer Missions dated January 26, 2023 with Ref No. SGF.43/L.01/201 and purported same to have emanated from the office of the Secretary to the Government of the Federation (AGF).

    Besides he is also accused of using his office as CBN governor to confer unfair and corrupt advantage on two companies; April 1616 Nigeria Ltd and Architekon Nigeria Ltd.

    Emefiele in the amended charge was alleged to have, on Feb. 8, 2023 knowingly obtained , by false pretence, 6.2million dollars.

    The anti graft agency alleged that he falsely representing that the Secretary to the Government of the Federation vide a letter dated Jan. 26, 2023 with Ref No. SGF 43/L.01/201 requested the CBN to provide a contingent logistic advance in the sum of $6,230,000 “in line with Mr. President’s directive.”

    When the case was called earlier , the prosecution was not in court nor the defendant (Emefiele) but he was represented by one of his counsel.

    Emefiele’s counsel, I D Ahmed told the court that the prosecution served him a letter praying for an adjournment.

    Justice Hamza Muazu, asked about the whereabouts of the defendant.

    Ahmed apologized on behalf of the defendant.

    The judge said: “because you have a letter of adjournment from the prosecution does not mean the defendant should not be in court”.

    Ahmed apologised on the defendant’s behalf.

    Justice Muazu then adjourned until June 24 and June 25 for continuation of trial.

    At the last proceeding on March 11, an investigator with the Independent, Corrupt Practices and other related offences Commission (ICPC) testified as the prosecution ‘s seventh witness (PW7).

    Agboro led in evidence, by Mr Rotimi Oyedepo, SAN, prosecution counsel tendered several documents including company registration documents and award as well as payments for contract relating to the two forms.

    In his evidence the investigator claimed that Emefiele conferred unfair and corrupt advantage in the award of contracts to April 1616 and Archtekon.

    He added that documents his team, comprising of persons drawn from the ICPC, Economic and Financial Crimes Commission (EFCC) Code of Conduct Bureau (CCB) and the Department of State Service (DSS), showed that while a Director of April 1616, Mrs Saadatu Yaro, is a Public Officer, with the CBN, Emefiele’s wife, Margaret Omoyile and his brother-in-law, Mac Congo are directors in Architekon.

    However, during cross examination by Emefiele’s lawyer, Mathew Burkaa, SAN, the witness when asked whether the defendant conferred unfair and corrupt advantage on himself, answered that, “he conferred on Saadatu Ramalan Yaro, who is a Public Officer working under him. He also conferred on his wife and brother-in-law.

    He said ” We limited our investigation to him, his wife, relatives and associates when asked why others mentioned in the transaction were not charged.

    Besides, the witness admitted that no where in their findings did they discovered that Emefiele was a director or shareholder or an account signatory in either April1616 limited or Architekon Nigeria limited.

    He also admitted that there was no evidence of any payment made to Emefiele by these companies in the course of performing his duties at the CBN.

    Also when asked if in the course of their investigation they interviewed people in the CBN to determine whether the two firms executed the jobs they were contracted to do, the witness said “yes”.

    However, when asked if the team in their final report stated this fact, the witness said he could not recall if they did.

    Agboro had earlier admitted that his team did a report on their investigation which was forwarded to the DG, DSS, adding that he did not come to the court with it.

    When asked if he was conversant with the procedure of award of contracts in the CBN, the witness who replied in affirmation, however, told the court that “I cannot remember” whether the defendant was part of the procurement and tender committees that vetted, reviewed and recommended April 1616 and Architekon for the various projects they handled.

    He said ‘ I don’t know when asked if he is aware that all the contracts that formed the basis of this charge passed through the vetting committee ”

    “In the course of your investigation did you see any document which showed that the defendant either by phone call, email or official communication of CBN made representation that April 1616 and Architekon should be awarded these contracts? his response was ‘no’.

    When asked when it relates to the award of contract to these two companies, if he knew all these processes laid down by the CBN were followed? He said he yes.

    Meanwhile, the witness admitted that April 1616 went through a bidding process with other companies and won the various contracts awarded to it.

    Agboro, further confirmed that he did not visit the contract sites to verify if the jobs awarded to the firms were done.

    When asked, “Since you did not visit, you will not know if the contract was carried out or not? He answered ‘Yes.’

    Asked if he thought it was wrong for payments to be made to the contractors after jobs had been completed, the witness confirmed that it was not inappropriate to make such payments.

    Upon further cross examination regarding the number of people that treats a document for a final award of contracts, the witness confirmed that there are up to 10 persons that minuted on a contract document; whereas only the defendant, out of 10 that is standing trial.

    When asked that he would agree that of the 10 persons, it is only the defendant that is standing trial, he said ‘yes.’

    On the issue of Emefiele’s wife being a Director of Architekon, the witness who claimed that besides documents obtained from the Corporate Affairs Commission (CAC), Emefiele himself during an interview confirmed that Margaret Omoyile was his wife.

  • How I collected $3m cash for Emefiele – CBN employee reveals

    How I collected $3m cash for Emefiele – CBN employee reveals

    A Central Bank of Nigeria (CBN) employee, Mr Monday Osazuwa, on Friday told an Ikeja Special Offences Court how the former apex bank governor, Godwin Emefiele, on different occasions, directed him to collect three million dollars cash in tranches.

    Osasuwa, while being led in evidence by the Economic and Financial Crimes Commission (EFCC) counsel, Mr Rotimi Oyedepo (SAN), said he was a dispatch rider in Zenith Bank in 2001 before he joined the CBN in 2014.

    Osasuwa said he joined the apex bank as a senior supervisor in 2014.

    He said Emefiele was the Managing Director of Zenith Bank Plc while he was working as a dispatch rider in the bank.

    The witness said he knew Emefiele, who was his boss, while in Zenith Bank and that he later joined him at the CBN.

    The witness said he was later appointed  as a senior supervisor (full time) in recording and filing of documents while working in the CBN governor’s office in Lagos.

    “I was still working in the CBN governor’s office while I was appointed as a full staff member and we usually communicated through Whatsapp and email.

    “I function as a senior supervisor, recording  and filing with other official roles.

    “I recall that in 2020, when he was outside Lagos, he called me that he would give me a number that a man had something I should collect from him and that the man would give me the number of another person.

    “When I got to the man’s office, I was given an envelope. I  counted the money and the man said I should give it to my boss,” he said.

    The witness further told the court that the first defendant used to collect money by himself  anytime he was in Lagos but anytime the defendant was not around, he would tell him to give the money to the second defendant.

    Osazuwa added that Emefiele sent him to MINL Ltd. when he was with Zenith Bank.

    “This company is situated at Isolo, the first defendant did send me to collect cheques from the company from Mr Monday and when I collected the cheque from Mr Monday, I would give it back to Emefiele and he would lodge the money into Dumies Oil and Gas.

    According to him, Emefiele’s co-defendant, Henry Isioma-Omoile, lived in the residence of the former CBN governor.

    He stated that when he collected money for his boss, he would take it to his residence at Iru Close, Ikoyi.

    “Whenever I received the money and take it to my boss’s residence, Mr Emefiele would tell me to give it to the second defendant whenever he was not at home.

    “I did not keep a record of transactions because the instruction he gave me was that I should collect the money and bring the money to his house.

    “The highest amount I collected was one million dollars all in cash and some weeks later, the businessman also called me to collect $850,000, $750,000 and $400,000 cash in tranches.

    “I have never been rewarded, paid or given anything because I am doing it out of faithfulness and he knows it but he has never for once said, ‘take this’,” he said.

    Under cross-examination by the defence counsel, Mr Abdulakeem Labi-Lawal, the witness confirmed  to the court that he had been working with the defendant since 2002.

    According to the witness, Emefiele passed instructions to him through the second defendant and that he had been collecting cheques for Dumies Oil and Gas.

    He, however, told the court when he was made to confront the second defendant during investigation but the second  defendant failed to admit it.

    “I started collecting cheques for Dumies Oil and Gas when I was in Zenith Bank.

    “I cannot calculate the exact year I have been collecting the cheques but it all started when the first defendant was the Managing Director at Zenith Bank and I was working at Zenith Bank,” he said.

    The EFCC on April 8 arraigned Emefiele on 23 counts bordering on abuse of office, accepting gratifications, corrupt demand, receiving property fraudulently obtained and conferring corrupt advantage.

    Emefiele’s co-defendant was arraigned on three counts bordering on acceptance of gift by agents.

    The defendants, however, pleaded not guilty to the charge.

    Earlier, Oshodi had declined the oral application for adjournment moved twice by the defence counsel.

    The judge adjourned the case until April 29 for trial and hearing of application for closed-session.

  • BREAKING: Court admits Emefiele to N50m bail

    BREAKING: Court admits Emefiele to N50m bail

    An Ikeja Special Offences Court on Friday admitted the suspended Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, to bail in the sum of N50 million.

    Emefirle is charged with abuse of office and fraud  to the tune of 4.5 billion dollars  and N2.8 billion.

    Justice Rahman Oshodi, in his ruling, admitted  Emefiele to bail with two sureties in like sum.

    Oshodi  held  that  the sureties must be gainfully employed and have three years tax payment with the Lagos State Government.

    He also ordered that the sureties must show proper identification and they  must  be registered in the Lagos State Bail Management System.

    The judge also  said  that  he was satisfied  with  the bail conditions of N1 million, earlier given  to  Emefiele’s co-defendant, Henry  Isioma-Omoil who is standing another charge beofre Justice Olufunke Sule-Hamzat  before a Yaba High Court.

    Oshodi, however, said  that  the  bail documents must  be transferred to special offences court and it must  also  be registered in the Lagos State Bail Management System.

    The Economic And Financial Crimes Commission (EFCC) had on April 8 arraigned Emefiele on a 23-count charge bordering on abuse of office, accepting gratifications, corrupt demand, receiving property fraudulently obtained and conferring corrupt advantage, while  his co-defendant was arraigned on a three-count charge bordering on acceptance of gift by agents.

    The defendants, however, pleaded not guilty to the charge.

    NAN reports that at the time of filing this  story, the counsel were making applications for accelerated hearing and trial.

    Details to follow…

  • UPDATED: Court remands Emefiele in EFCC custody, co-defendant in Ikoyi prison

    UPDATED: Court remands Emefiele in EFCC custody, co-defendant in Ikoyi prison

    Justice Rahman Oshodi of the Ikeja Special Offences Court on Monday remanded the embattled former Central Bank of Nigeria (CBN) Governor, Mr Godwin Emefiele, for alleged abuse of office and $4.5 billion, N2.8 billion fraud

    Oshodi remanded Emefiele in the EFCC custody  while his co-defendant, Henry Isioma-Omoile, was remanded in Ikoyi Custodial Centre where he is currently held pending the determination of their bail application on April 11.

    The defendants counsel, Mr A. Labi-Lawal, had in his two bail application urged the court to grant the defendants bail on self recognition and on liberal terms pending the determination on the case.

    Labi-Lawal, in his 31 affidavits, said the first  defendant (Emefiele) had complied with the bail application which was given to him by Justice Muazu in his alleged fraud trial case going on in Abuja.

    He said the charges were bailable offences and not a capital offence.

    “Though the first defendant was granted administrative bail by the prosecuting authority.

    “He is seeking for bail based on self recognition and he is ready to attend the court.

    “The court should also take into consideration, the status of the first defendant as he was the former CBN governor of the country,” he said.

    The defence counsel said his client  had religiously presented himself before Justice Muazu in Abuja to answer the allegations before him.

    According to him, the first defendant was not at flight risk, as he was the first person to arrive in court.

    He also prayed the court to release Emefiele to lawyer, pending the determination of the bail.

    Emefiele and his co-defendant pleaded not guilty to the 26-count charge bordering on abuse of office, accepting gratification, accepting gifts through agents, corruption, and fraudulent property receipt.

    The defendants, however, pleaded not guilty, following their arraignment.

    The EFCC counsel, Mr Rotimi Oyedepo (SAN), did not oppose the bail application moved by the defence counsel.

    Oyedepo, however, urged the court to exercise its discretion judiciously in granting bail to the  defendants.

    The prosecution had asked the court for a trial date, following the plea of the defendants.

  • Emefiele: Signatures, documents used to pay election observers $6.2m forged – Forensic Analyst reveals

    Emefiele: Signatures, documents used to pay election observers $6.2m forged – Forensic Analyst reveals

    The ex- Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, continued on Thursday before Justice Hamza Muazu of the Federal Capital Territory High Court in Abuja as a forensic analyst confirmed that the documents used to request the payment of $6.2million for foreign election observers were forged.

    The witness, Bamaiyi Meriga, called by the Economic and Financial Crimes Commission (EFCC), informed the court that following forensic analysis of the disputed documents, he discovered that there was clear evidence of forgery of signature, and the seal of execution were different from the original.

    He also confirmed that the signature were not those of former President Muhammad Buhari and ex-Secretary General of the Federation, Boss Mustapha.

    The two documents, presidential directive on foreign observer election and presidential directive on foreign observer election tendered in evidence was admitted in evidence by the trial judge, justice Muazu.

    Under cross-examination by counsel for Emefiele, the witness said he was not a staff of the EFCC, and was not being paid by the anti-graft agency but his salary was domiciled with the Nigeria Immigration Service.

    Counsel for Emefiele, Matthew Burkaa, expressed displeasure over the conduct of the witness, saying that the witness misled the court by evading questions.

    However, the Prosecution Counsel, Rotimi Oyedepo, was not not happy with the defence counsel.

    The trial has been adjourned till March 11 for continuation.

  • Alleged procurement fraud: Court sets date to begin Emefiele’s trial

    Alleged procurement fraud: Court sets date to begin Emefiele’s trial

    An FCT High Court,  Maitama on Friday, fixed Feb. 12 for the trial of the suspended Central Bank Governor (CBN), Godwin Emefiele on alleged procurement fraud.

    The Economic and Financial Crimes Commission (EFCC) charged him with amended 20 counts of criminal conspiracy, conferring undue advantage, breach of trust among others.

    However, he pleaded not guilty to the charge when it was read to him.

    Following his plea, and the prayer of his counsel, Matthew Burkaa, SAN, for him to remain on his existing bail condition, Justice Hamza Muazu granted it.

    Justice Muazu then adjourned until Feb. 13 for the commencement of trial since the prosecution did not object to the prayer.

    In some of the amended charges EFCC, alleged that Emefiele, in Jan. 2023, forged a document titled: “Re: Presidential Directive on Foreign Election Observer Missions,” dated Jan.26, 2023 with Ref No. SGF.43/L.01/201.

    The EFCC alleged that Emefiele made the claim knowing same to be false’.

    According to the amended charge marked CR/577/2023, Emefiele, on Feb. 8, 2023, connived with one Odoh Ocheme, who is now on the run, to obtain $6.2 million from the CBN, claiming that it was requested by the SGF “vide a letter dated Jan. 26 2023 with Ref No. SGF.43/L.01/201.”

    The anti-graft agency alleged that “the contract for the renovation of the CBN Governor’s lodge, located at  No. 2 Glover Road, Ikoyi, Lagos, was awarded to a company named Messrs. Architekon Nigeria Ltd, “wherein the duo are directors and majority shareholders.”

    The offences,  according to the EFCC, contravened the provisions of sections 17, 19 of the Corrupt Practices and Other Related Offences Act, 2000, also, sections 315, 363, and 364 of the penal code.

    The anti-graft agency had in August, first charged Emefiele and one Mrs Sa’adatu Yaro and a company, April 1616 Investment Ltd, purported to belong to Mrs Yaro, on alleged breach of the procurement Act in respect of the purchase of some vehicles.

    However, the arraignment could not go on because of the reported ill health of  Yaro.

    EFCC’s lawyer, Mr Rotimi Oyedepo, SAN, on Nov. 28 drew the attention of the court to an amended charge dated Nov. 8, 2023.

    In that charge Emefiele was the sole defendant and the charges reduced from 20 to six, to which Emefiele pleaded not guilty.

    Justice Muazu on Nov. 22, 2023, granted him bail in the sum of N300 million.

    Muazu in addition, ordered for two sureties in the like sum of the N300 million who must have property in Maitama District of Abuja.

    The sureties who must in addition present the title documents and certificates of occupancy (C of O) to the court for verification.

    The judge further added that Emefiele should submit to the Registrar of the Court his travelling documents and must be within Abuja within the period of his trial.

    The judge however, granted him leave yesterday to travel outside FCT not abroad.

    Earlier, his counsel Barkka, objected to the reading of the charge, according to him ‘the charge was franked’ against the provisions of 221 of the Administration of Criminal Justice Act. 2015.(ACJA).

    Counsel for the prosecution, Oyedepo, responded by citing, section 396 (ACJA) said the defendant should be allowed to take his plea first before an objection.

    The judge however, reserved ruling on that, which he said would be according to section 396 of ACJA.

    He added that the objection from the defendant could be taken any time

  • BREAKING: Court grants Emefiele permission to travel out of FCT

    BREAKING: Court grants Emefiele permission to travel out of FCT

    Federal Capital Territory High Court has granted the former Central Bank, Godwin Emefiele’s request to travel out of the FCT.

    The court said Emefiele must, however, remain in the country.

    On his bail terms, he was restricted to the FCT.

    Emefiele, through his lawyer, Mathew Bukka, SAN, had requested a variation of the terms.

    The Counsel of the Economic and Financial Crime Commission (EFCC), Rotimi Oyedepo, SAN, did not object.

    He told the court to ensure that Emefiele wrote an undertaking that he would remain in the country if his plea was granted.

    The charge against the former governor of the CBN was also amended to 20 from 6.

    The amended charges against Emefiele now includes criminal breach of trust, forgery, conspiracy to commit forgery, procurement fraud and conspiracy to commit felony.

    The court had on December 24, 2023 granted Emefiele bail in sum of N300 million with two sureties in like sum.

    His lawyer and Senior Advocate of Nigeria, Mathew Burkaa, told Channels Television that Emefiele was released from the Kuje Correctional Centre after his lawyers perfected his bail conditions.

    Emefiele was arraigned on a six-count charge bordering on procurement fraud and using his position to confer a corrupt advantage on Sa’adatu Yaro, a staff of the CBN, by awarding a contract for the procurement of 43 vehicles worth N1.2 billion between 2018 and 2020.

    While he was remanded in Kuje, Emefiele was mandated to deposit all his travel documents with the registrar of the court and must remain within the Abuja Municipal Area Council (AMAC).

     

     

  • EFCC moves to challenge N100m damages awarded Emefiele by FCT Court

    EFCC moves to challenge N100m damages awarded Emefiele by FCT Court

    The Economic and Financial Crimes Commission (EFCC) has said it would appeal the N100 million fine imposed on it by a Federal Capital Territory (FCT) High Court for detaining Central Bank of Nigeria (CBN) former Governor Godwin Emefiele.

    The anti-graft agency said the judge failed to take into cognizance, the fact that it had a valid court order for Emefiele’s detention.

    Justice Olukayode Adeniyi while ruling on a fundamental rights enforcement suit by a former CBN boss, held that no law allows any government agency to detain a Nigerian beyond the period permitted by Section 35 (4) and (5) of the 1999 Constitution.

    Justice Adeniyi went on to slam the N100 million fine against the anti-corruption agency for keeping Emefiele behind bars for almost five months as against a maximum of 48 hours allowed by law.

    But the EFCC, in a statement by its Head of Media and Publicity, Dele Oyewale, said it was dissatisfied with the ruling.

    Oyewale said: ”The EFCC has expressed dissatisfaction with a judgment of the FCT High Court awarding N100 million damages against it in favour of a former Governor of the Central Bank of Nigeria (CBN) Godwin Emefiele.

    “Justice O.A Adeniyi, on Monday, January 8, 2024, fined the Commission after he ruled that the commission’s detention of Emefiele in the course of his investigation was a violation of his right to liberty.

    “The decision failed to take into cognizance, the fact that the former CBN boss was held with a valid order of court.

    “Consequently, the commission will approach the Court of Appeal to set it aside.”

    Justice Adeniyi had held that the respondents — the EFCC and its chairman as well as the Attorney- General of the Federation (AGF)-

    It violated Emefiele’s right to personal liberty as guaranteed by Section 35(1) of the Constitution.

    He recalled that the respondents detained Emefiele from June 13, 2023, to November 8, 2023 (when he was released on bail) without arraigning him in court.

    The judge also noted that by the evidence before him, Emefiele was detained within the jurisdiction of his court from June 13 to November 8, 2023.

    While frowning at the way the respondents handled the case, the judge said, that as a creation of the law, the Federal Government and its agencies must learn to conduct their businesses by the law.

    He noted that the respondents failed to draw the court’s attention to any law that allowed them to continue to detain a citizen indefinitely without a court order and without arraigning him.

    The judge added that the order that the EFCC claimed to have acted upon was suspicious because a copy tendered to his court was not certified by any official of the Chief Magistrate Court in Wuse, Zone 2, Abuja where it emanated from.

    He also stated that the order bore two conflicting dates – October 27, 2023 and April 26, 2023.

    Justice Adeniyi added that even if the order was real, it was disrespectful for the EFCC to go before a Chief Magistrates Court to obtain an order to detain a person against whom a charge was pending before his court.

    He, however, rejected Emefiele’s claim that the respondents violated his right to life.

    “The provision of Section 33 of the Constitution is not in any way, applicable to the case at hand since the applicant did not place any materials before the court in support of the alleged likelihood of the violation of his right to life guaranteed by that provision,” Justice Awoniyi said.

    The judge noted that to succeed in a case of breach of rights to life, an applicant must prove that a respondent threatened to kill him.

    vision,” Justice Awoniyi said.

    The judge noted that to succeed in a case of breach of rights to life, an applicant must prove that a respondent threatened to kill him.

    He added that a mere oral threat on the part of any of the respondents is not enough to sustain the action.

    His words: “The threat should be backed up by an overt act of an attempt to kill or exhibition of weapon or materials capable of effecting the murder or killing of the applicant.

    ”In the present case, the applicant is very much alive. As such, the contention that his fundamental rights to life have been breached does not ordinarily arise.

    “The issue about the likelihood of the applicant’s right to life being violated became academic and overtaken by events having been released from his detention of the fourth respondent on the 8th of November 2023 upon the order of this court.”

    Apart from the N100 million fine, Justice Adeniy restrained the respondents from further arresting and detaining Emefiele without first obtaining an order from a court of competent jurisdiction.

    He said:” It is hereby declared that the actions of the first and fourth respondents and their agents incarcerating the applicants from June 13, 2023, to October 26, 2023, when he was transferred to the custody of the fourth respondent (EFCC) and his further detention by the third and fourth respondents (Chairman of the EFCC and the commission) without arraignment in the court of law for the commission of any offence up until November 8, 2023, when, by the order of this court, the applicant was released on bail to his senior learned counsel, constitutes a flagrant violation of the applicant’s fundamental rights to personal liberty preserved by the provision of Section 35 of the constitution of the Federal Republic of Nigeria 1979 and Article 6 of the African charter on human and peoples right.

    “Also, a sum of N100 million only is hereby awarded in favour of the applicant against the first and fourth respondents jointly as damages for the unlawful violation of his fundamental rights to his liberty.

    “Without prejudice to the powers of the court concerning the criminal trial, the applicant is currently facing at the High Court of the FCT, the respondents are hereby restrained either by themselves, their officers, agents, or any person acting on their behalf from further re-arresting or detaining the applicants without an order of a court of competent jurisdiction. “