The House of Representatives has taken a decisive step to investigate the Economic and Financial Crimes Commission (EFCC) following allegations of failed attempts to forcibly remove former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, from the Nigeria Correctional Service (NCoS) in Kuje Custodial Centre, Abuja. The move defies a subsisting court order granting Emefiele bail.

The resolution, made on Tuesday, is in response to a petition from the Centre for Social Justice Equity And Transparency (CESJET).

The CESJET, in its petition dated November 27, 2023, and addressed to the House deputy spokesman, Hon. Philip Agbese, expressed concern over what it sees as a violation of the rule of law by security agencies, terming it a direct affront on a court order.

The CESJET asserted that Emefiele was facing persecution, not prosecution, and urged lawmakers to intervene to prevent the abuse of court processes. The petition questioned the actions of the EFCC, accusing them of re-arresting Emefiele on no grounds despite the court’s ruling on his bail conditions.

The CESJET’s petition, titled ‘Is the EFCC pursuing prosecution or persecution?,’ highlighted the court’s grant of bail to Emefiele and the subsequent actions of state-owned security agencies, particularly the EFCC and the Directorate of State Security Service (DSSS).

The petition revealed that despite assurances from the EFCC counsel that Emefiele would not be re-arrested on the same charges, operatives were reportedly laying ambush at the Kuje Correction Centre to apprehend him.

The CESJET emphasized the constitutional guarantee of bail as a right under Section 34(4) of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended).

The organization called on the House of Representatives to address the EFCC’s actions, describing them as an affront to the rule of law and an abuse of court processes.

“As you are aware sir, bail is a Constitutionally guaranteed right under Section 34(4) of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended). It has become necessary to bring this to the notice of the House of Representatives so that the EFCC can be called to order. These actions of the Security Agencies are a direct affront on the rule of law and amounts to disregarding the Order of a competent Court of Law. Rather than diligently prosecute the case against Mr. Emefiele, the EFCC and its counterpart, the DSS are busy abusing Court process and persecuting a citizen who has a right to be presumed innocent until his guilt is proved before a competent Court of Law.

“These Agencies of Government should refrain from all such untoward practices. If there are new offences, they can file new charges and not keep haunting him perpetually and making frantic efforts to abduct him from Prison Custody. This action undermines the rule of law and makes a mockery of our judicial system.

“Bail is a temporary freedom and not a permanent freedom. This conduct of the Agencies of the State are all working to undermine the Renewed Hope Agenda and efforts of Mr. President, our Leader, His Excellency, President Bola Ahmed Tinubu, GCFR.”

The investigation by the House of Representatives aims to shed light on the reported attempts to breach a court order and ensure accountability within the EFCC’s handling of the case involving Emefiele.
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