EFCC vows to appeal N100m fine, insists Emefiele’s detention was lawful

The Economic and Financial Crimes Commission has expressed dissatisfaction with a judgment of the High Court of the Federal Capital Territory, which awarded N100 million in damages against it in favour of Godwin Emefiele, former governor of the Central Bank of Nigeria.

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

In a reaction to the development, the EFCC in a statement on Monday that it will approach the Court of Appeal to set the judgment aside while noting that the judge failed to take cognizance of the fact that the former CBN boss was held by the commission with a valid order of court

According to the statement, “The Economic and Financial Crimes Commission has expressed dissatisfaction with a judgment of the Federal Capital Territory, FCT, High Court awarding N100 million damages against it in favour of a former governor of the Central Bank of Nigeria, 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 cognizance of 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.”

In addition to the fine, Justice Adeniyi further barred the federal government and any of its agencies from re-arresting, detaining, and harassing Emefiele over any alleged offence without first obtaining a warrant of arrest from a court of competent jurisdiction.

The judge issued the order after he declared the long detention of Emefiele for over five months by the Department of State Service (DSS) and EFCC as illegal, unlawful, and unconstitutional.

Emefiele had been allegedly involved in an ongoing investigation into fraudulent foreign exchange allocations.

The EFCC had written to over 85 entities, comprising corporate organisations and individuals.

The former CBN governor might face an amended charge to include discoveries in the ongoing probe of forex transactions under his probe.

The anti-graft agency has also summoned senior officials of the affected entities and mandated them to provide detailed documents of their foreign exchange transactions covering the last nine years.