Former CBN Governor Gets Justice After Months of Ordeal
Abuja – The suspended former governor of the Central Bank of Nigeria, CBN, Godwin Emefiele, has finally got some relief after a court awarded him N100 million in damages against the Federal Government and the Economic and Financial Crimes Commission, EFCC, for violating his rights.
Justice Olukayode Adeniyi of the FCT High Court on Monday delivered the judgment in favour of Emefiele, who had been in detention since June 10, 2023, over allegations of corruption and financial mismanagement.
Emefiele Accuses FG, EFCC of Disregarding Court Orders
Emefiele had dragged the Federal Government, the Attorney-General of the Federation, AGF, and the EFCC to the court to enforce his fundamental rights to life, personal liberty, fair hearing, and freedom of movement.
He sought a declaration from the court that his continued detention by the agency of the first and second respondents and subsequent transfer to the custody of the third and fourth respondents on October 26, 2023, without being arraigned in court was unlawful.
He said the respondents, in defiance of several valid subsisting court orders for his release, amounted to a grave violation of his fundamental rights to life and personal liberty, as guaranteed by the 1999 Constitution of Nigeria (as amended) and the African Charter on Human and Peoples’ Rights.
Also sought an injunction restraining the respondents from further arresting and/or further detaining him on his release by the court without presenting a criminal charge against him.
He also sought damages in the amount of N1 billion in his favour for the violation of his fundamental rights.
“I Have Been Persecuted for Doing My Job” – Emefiele
In his affidavit in support of the suit, Emefiele said he was suspended from his position as the CBN governor on June 9, 2023, by the President, without any reason or explanation.
Emefiele said he was invited by the EFCC on June 10, 2023, for questioning over some transactions he approved as the CBN governor, which were in line with his statutory duties and responsibilities and he was detained by the EFCC for over four months, without being charged to court or granted bail, despite several applications by his lawyers.
He also stated that he was later transferred to the custody of the AGF on October 26, 2023, where he remained until the court ordered his release on November 15, 2023. And was subjected to inhuman and degrading treatment, torture, and harassment by the respondents, who also seized his passport and other personal belongings.
He was also denied access to his family, friends, lawyers, and medical attention, which affected his health and well-being while he had no criminal record or history of involvement in any financial crime, and that he had always discharged his duties as the CBN governor with utmost integrity, professionalism, and patriotism.
Also he was being persecuted for doing his job and for refusing to succumb to the pressure and influence of some powerful interests in the country and he had suffered immense psychological trauma, emotional distress, and reputational damage as a result of his unlawful detention.
He said he was entitled to compensation and apology from the respondents for the violation of his rights.
Court Grants Emefiele’s Prayers, Slams FG, EFCC
In his judgment, Justice Adeniyi agreed with Emefiele’s submissions and granted all his prayers.
He held that the respondents had failed to justify the legality of Emefiele’s detention, which he said was in flagrant disregard of the constitution and the rule of law. The respondents had violated Emefiele’s rights to life, personal liberty, fair hearing, and freedom of movement, without any lawful excuse or authority.
He said the respondents had also acted in contempt of the court orders directing them to release Emefiele or charge him to court and the respondents had shown a lack of respect for the judiciary and the administration of justice, which he said was unacceptable in a democratic society.
He awarded N100 million in damages to Emefiele against the respondents, jointly and severally, for the violation of his rights, also ordered the respondents to release Emefiele’s passport and other personal belongings to him forthwith.
The judge ordered the respondents to refrain from further arresting and/or further detaining Emefiele on his release by the court without presenting a criminal charge against him. Also ordered the respondents to tender a public apology to Emefiele in two national newspapers within seven days of the judgment.
The judgment was enforceable against the respondents, notwithstanding any appeal they might file against it and the judgment was in the interest of justice and the protection of human rights in the country.