Relief may finally be coming for Godwin Emefiele, embattled former Governor of the Central Bank of Nigeria (CBN), following another bail granted him this time by a Federal High Court sitting in Maitama, Abuja, the second time since his arrest on June 10, 2023, a day after he was suspended by President Bola Tinubu.
Justice Olukayode, ruling on a bail application filed lawyers to the former CBN boss, ordered the Federal Government to release him to his lawyers, exactly 152 days after he was arrested by men of the Department of State Services (DSS), on June 10.
Apart from ordering that Emefiele must be brought to court for arraignment whenever he was needed, the court, also ordered that his international passport should be deposited before the court, adding that there must be an end to detention, without trial.
“The court must also not overlook the fact that he has been in detention for 151 days and the Federal Government and the Attorney General of the Federation must abide by court order,” he said while adjourning the substantive motion on notice as well as the preliminary objection, to November 17, 2023 for hearing.
Hours after his suspension by Tinubu on his 12th day in office, men of the DSS were pictured taking the former CBN boss into a private jet after his arrest in Lagos and flown to their facility in Abuja, where he had been since June 10, a situation the court frowned at during its sitting on Wednesday.
The apex bank’s boss was initially granted bail on Tuesday, July 25, 2023 by Justice Nicholas Oweibo, of the Federal High Court Lagos, after Emefiele, 61, pleaded “not guilty” to the two counts of illegal possession of firearm and ammunition filed against him by the Federal Government.
In a fierce encounter the DSS seized him from the hands of men of the Nigerian Correctional Services (NCS), to whom he was handed over to the court, pending the perfection of his bail, and taken away once again, only for the same agency to withdraw its charges against the nation’s former number one banker.
Against back and forth claims of a plea bargain and denial of same, the DSS officially freed him on October 26, but as he was stepping out apparently with the joy of breathing the air of freedom, he was again seized by officials of the Economic and Financial Crimes Commission (EFCC) and detained once again.
Following a fresh action to press for the enforcement of his fundamental rights, the court had ordered that he be freed or be properly arraigned, an order which the EFCC obeyed in breach on Monday, before finally succumbing on Wednesday.
Dressed in a yellow Kaftan and a cap and flanked by operatives of the EFCC, the former CBN governor arrived at the courtroom at about 12:30 pm on Wednesday, looking unruffled and waving at the crowd comprising of family members and other onlookers.
Mathew Burkaa, his lawyer, who applied the former CBN boss be admitted to bail on liberal terms, having been in the custody of security agencies for 151 days, had relied on the provisions of Section 35 (4a and b) of the 1999 constitution to press for his rights to freedom.
But, objecting to the application, Onyi Koleosho, representing the Attorney General of the Federation (AGF) and the Federal Government, pointed out that Emefiele was transferred to the custody of the EFCC on October 26, which was not up to two months, adding that a hearing notice had already been issued by the court to the effect that he would be arraigned on November 15, 2023, in respect of a pending charge filed by the office of the AGF.
Pleading for the court to decline the application in the interest of justice, and to avoid a situation where the scheduled arraignment may interfere with investigations.
He added that releasing the former apex bank’s boss would pose further problems and difficulties for the prosecution to get him to attend court next week, for his arraignment, a position Farouk Abdallah, lawyer to the EFCC also agreed with, even though he acknowledged that the issue of bail is at the discretion of the court.
Again countering Emefiele’s lawyer argued that his he had not been served any charge to date, assuring that the former CBN governor is not a flight risk and did not have the capacity to stop his arraignment by the Federal Government next week, adding that Nigeria would lose nothing by granting him bail from detention where he had been all the while.
During the proceeding, Emefiele, who was also given the room to address the court, explained that no charge was formally brought against him from when his ordeal began till date.