The Economic and financial Crimes Commission (EFCC) has expressed dissatisfaction with a judgement 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 (CBN), Godwin Emefiele.

The EFCC spokesperson, Dele Oyewale, who made this known in a statement on Monday, January 8, 2024, stated that the anti-graft agency would appeal the judgement immediately.

Oyewale said Justice Olukayode Adeniyi fined the EFCC after he ruled that its 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,” he said.

Justice Adeniyi had awarded N100 million in damages to Emefiele against the federal government and the EFCC for violations of his rights.

The judge further restrained the federal government and its agents from arresting Emefiele unless an order was obtained through a competent court.

He held that the respondents need not incarcerate the former CBN Governor in order to carry out investigation for a long period as against the provisions of the law.

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Justice Adeniyi said the agents of the government who are in charge of arrest and detention should abide by the provisions of the law.

He added that otherwise, they would be liable to pay compensation to a person whose fundamental right was violated.

The judge further held that is not the length of time that determines violation of fundamental right but the illegality of the action.

Emefiele had dragged the federal government, the Attorney-General of the Federation (AGF), EFCC chairman, and the anti-graft agency before the court to enforce his fundamental rights to life, personal liberty, fair hearing, and freedom of movement.

Emefiele sought a declaration of the court that his continued detention by the agency of the first and second respondents since June 10, 2023, and subsequent transfer to the custody of the third and fourth respondents on October 26, 2023, without being arraigned in court is unlawful.

He said the respondents in deviance of several valid subsisting court orders for his release amounts to a grave violation of his fundamental rights to life, personal liberty, as guaranteed by the 1999 Constitution of Nigeria (as amended) and the African Charter on Human and Peoples’ Rights.

He, therefore, among others, sought an injunction restraining the respondents from further arresting and or further detaining him up on his release by the court without proffering a criminal charge against him.

Emefiele also sought damages of N1 billion in his favour for the violation of his fundamental rights.

The Star