Abuja High Court Imposes N100m Fine on FG for the Prolonged Detention of Emefiele
Abuja High Court Imposes N100m Fine on FG for the Prolonged Detention of Emefiele
An Abuja High Court has imposed a N100 million fine on the federal government for the prolonged detention of the former governor of the Central Bank of Nigeria, Godwin Emefiele, without trial.
The court says the N100 million fine is for the flagrant violation of the fundamental rights of the former Nigeria’s apex bank governor.
The court on Monday also ordered the federal government and its agencies not to re-arrest Emefiele without obtaining a court order.
Justice Olukayode Adeniyi issued the order on Monday while delivering a judgment on a fundamental human right filed by Emefiele over his prolonged detention by the Department of State Service (DSS).
Emefiele in his application was demanding N1 billion damages from the federal government for the prolonged detention.
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The judge rejected the N1 billion damage demanded by Emefiele and ordered the federal government to pay him N100 million in damages.
Without prejudice to the powers of the court concerning the criminal trial, the applicant is currently facing at the High Court of the FCT, the respondents are hereby restrained either by themselves, their officers, agents, or any person acting on their behalf from further re-arresting or detaining the applicants without an order of a court of competent jurisdiction.
During his ruling, Adeniyi said he found the remand warrant obtained by the third and fourth respondents were questionable.
The third and fourth respondents referred to remand warrants obtained from the chief magistrate of the FCT in Wuse.
I examined the said orders from the two magistrate courts and my finding is that the credibility is questionable, he said.
He noted that the practice of arresting suspects before investigation by security agencies must stop.
Adeniyi said the time has come to put an end to the unwholesome culture and practices of arresting and keeping a suspect in detention before the investigation of the suspect’s alleged offense.
A suspect must be allowed to have his day in court if indeed there is evidence of a commission of the crime against him.
He also noted that the framers of the Constitution did not place a restriction on the High Court a citizens could seek redress for the violation of their fundamental human rights.
