November 06, (THEWILL) – The Presiding Judge of Federal High Court, Maitama, Abuja, Justice Olukayode Adeniyi, has again ordered the Economic and Financial Crimes Commission (EFCC) to unconditionally release Godwin Emefiele, a former Governor of the Central Bank of Nigeria (CBN), from its custody or produce him in court on Wednesday, November 8, for bail.
The new order followed the failure of the anti-graft agency to produce Emefiele before the Court on Monday.
Justice Adeniyi had on Thursday, November 2, while ruling on the ex pate application marked: M/122/2023 in a Motion on Notice numbered FCT/HC/CV/040/2023, challenging the continued detention of Emefiele, ordered the Economic and Financial Crimes Commission (EFCC) to unconditionally release Emefiele or produce him in court on November 6, for bail.
THEWILL reports that the EFCC had neither released Emefiele as directed by the court nor produced him in court on Monday for bail.
Addressing the court at the resumed proceedings in the matter, Emefiele’s lawyer, Mathew Burkaa, said, “My lord, they have flouted both orders as today marks the 149th day of the Applicant being in custody. The Applicant is still in custody of the 3rd and 4th Respondents up till this moment that we speak.
However, the EFCC counsel, Farouk Abdullahi, said they misunderstood the court order, and insisted the EFCC is a law-abiding agency.
“My lord, I do confirm that we received the order. It is, however, not correct that the Applicant has been in custody of the 3rd and 4th Respondent for over 100 days. He has only been in custody of 3rd and 4th for only 7 days
“We got the processes and we intend to react to them to set the record straight. Unfortunately, we are unable to do so because the processes received by 3rd and 4th respondents were incomplete.
“We are not insinuating that it was deliberate, it may be inadvertent on the part of counsel for the Applicant. Certain exhibits they referred to, particularly exhibit E, were not attached.
“My lord, we thought that the order was that we either release him unconditionally or bring him to the court so that his bail application will be heard.
“My lord, the 3rd Respondent is a law-abiding establishment that will never take orders of this court for granted,” he pleaded.
Meanwhile, Justice Adeniyi had reinstated the orders of the court to either release Emefiele unconditionally or in the alternative, produce him in court on Wednesday, November 8, to be admitted to bail.
Emefiele had been detained by the Federal Government since Saturday, June 10 after he was suspended as CBN Governor on June 9 by President Bola Tinubu.
The former apex bank chief, who had been in the custody of the Department of State Service (DSS) in Abuja since his arrest on June 10, was on Thursday, October 26, transferred to the EFCC.
Although the EFCC has not filed any charges against Emefiele, the Federal Government filed 20 charges bothering on alleged procurement fraud against Emefiele along with a female CBN employee, Sa’adatu Yaro and her company, April1616 Investment Limited.
However, the arraignment has been stalled until his recent transfer from the custody of the DSS to the EFCC.
The continued detention prompted the instant suit and application for release before Justice Adeniyi.
Emefiele approached the court on Tuesday, October 31, to enforce his fundamental human rights.
The former CBN Governor, who is seeking his immediate release from EFCC custody, is also praying the court to award him damages to the tune of N5 million.
