Ex-CBN Governor Emefiele is released on bail after 151 days in jail.

Mr. Godwin Emefiele, the former governor of the Central Bank of Nigeria, CBN, was released on bail and returned to Abuja yesterday.

According to Vanguard, he has been in the custody of security services for 151 days.

The Attorney-General of the Federation and the Economic and Financial Crimes Commission both opposed his release from jail, but a Federal Capital Territory High Court in Maitama ruled in his favour.

Justice Olukayode Adeniyi issued a verdict in which the court ordered the former CBN governor to turn over all of his foreign travel papers but also instructed that he be returned to his counsel.

Judge Holds “Detention without trial must end” The court had previously directed the anti-graft agency to either release the Applicant unconditionally or bring him for his bail request to be processed in a judgement issued on November 2.

According to Justice Adeniyi, Emefiele was brought before the court yesterday because the EFCC had refused to comply with the first part of the ruling.

The government’s allegation that the Applicant’s arraignment in another court was already set for November 15 convinced the judge that he could not keep him in jail.

It ruled that the allegation was unfounded since no evidence had been presented to show that the arraignment would occur as planned.

The court further noted that the dates on the supposed remand order that FG’s attorney, Mr. Oyin Koleoso, brought before it, signed by an Abuja Chief Magistrate, which provided the authorization for Emefiele to be remanded for a period of 14 days, were inconsistent: April 26 and October 27, 2023.

“A very crucial fact that this court cannot overlook is the Applicant’s claim that he has been incarcerated for a period of upwards of 151 days without trial,” Justice Adeniyi said.

He ruled that even if there is a remand order against an Applicant, the court still has the authority to issue the required instructions under section 298(2) of the Administration of Criminal Justice Act, ACJA, 2015.

This court’s order on November 2 is quite clear. Judge held that today’s hearing was necessary since the “Third and Fourth Respondents” had disregarded a previous court decision and failed to release the Applicant without conditions.

Accordingly, he ordered that Emefiele be released to the custody of the three Senior Advocates of Nigeria, SANs, who were representing him in the case, with the proviso that they bring him before the court on the scheduled arraignment day or on any other date on which he is obliged to do so.

While waiting to be arraigned, Justice Adeniyi ordered Emefiele to turn over all of his passports and other foreign papers to the court’s senior Registrar. He then postponed further court hearings until November 17.

The former CBN governor, who has been in jail for nearly five months, had a team of attorneys lead by Mr. Matthew Burkaa, SAN file a complaint to vindicate his basic rights, and this verdict is the result of that litigation.

The Federal Republic of Nigeria, the Attorney-General of the Federation (AGF), the Chairman of the Economic and Financial Crimes Commission (EFCC), and the EFCC itself are all named as Respondents in a lawsuit with the case number FCT/HC/CV/040/2023.

Yesterday, armed EFCC security personnel hauled Emefiele before the high court. During the process, Emefiele told the court that he had not yet received a copy of the new accusation against him.

Burkaa, SAN, his attorney, had argued that they hadn’t received a copy of the charge despite the AGF’s preliminary objection and statement of fact and hence should be allowed bail.

My Lord, they have not yet served my client with the accusation they say was brought against him.

It is very speculative to claim that his release on bond will delay his arraignment. Nothing in the record indicates that the Applicant poses a flight risk or has ever failed to appear in court.

“My lord, please let the Applicant some air! He argued that the state would suffer no harm by granting the applicant bail.

Justice Adeniyi turned to Emefiele, who was seated in the gallery, and stated, “Let us hear from the Applicant if he has been served. The court asked Emefiele, “Applicant, have you been served?”

Ex-CBN governor, who appeared weak, said, “My lord, I don’t have any charge.”

Emefiele fled the courthouse in a Jeep supplied by one of his attorneys because he was afraid he would be re-arrested by security personnel as soon as the hearing was over.

On June 9, President Bola Tinubu had removed Emefiele from his position as governor of the central bank.

The Nigerian DSS subsequently apprehended him at his home in Lagos.

Since then, the Federal High Court in Lagos had indicted Emefiele on two counts of unlawful possession of a firearm and ammunition, while the Abuja High Court sitting in Maitama had indicted him and two others on twenty counts of corruption.

Both cases, however, have been put on hold as the defendants negotiate a plea bargain with FG.

On October 26, the DSS delivered the former CBN head to the custody of the EFCC.