Justice Olukayode Adeniyi, in his ruling, ordered that Emefiele be released to his lawyers.
The judge emphasized that detention without trial must end, citing the refusal of the Economic and Financial Crimes Commission (EFCC) to comply with the court's previous order on November 2.
The court held that it could not allow Emefiele to remain in custody based on the Federal Government's claim that he would be arraigned on a fresh charge on November 15.
The claim was deemed speculative, as there was no evidence to support the scheduled arraignment. The court noted inconsistencies in a purported remand order presented by the FG's lawyer, which bore conflicting dates.
Justice Adeniyi highlighted that Emefiele had been incarcerated for over 151 days without trial, and referred to section 298(2) of the Administration of Criminal Justice Act (ACJA) 2015, which empowers the court to make necessary orders even in the presence of a remand order.
Emefiele is to be released to a team of three Senior Advocates of Nigeria (SANs) representing him in the matter.
The lawyers must produce him in court on November 15 for his planned arraignment or any other required court appearance.
Justice Adeniyi directed Emefiele to surrender all his international documents to the most senior Registrar of the court pending his arraignment.
The case has been adjourned until November 17 for further proceedings. Emefiele, through his legal team led by Matthew Burkaa, SAN, filed a fundamental right enforcement suit against the Federal Republic of Nigeria, the Attorney-General of the Federation (AGF), the Chairman of the EFCC, and the anti-graft agency itself.
A recap of Emefiele's suspension from office, arrest, and subsequent charges brought against him in Lagos and Abuja High Courts is provided.
The proceedings in both cases were put on hold due to the Defendants' exploration of a plea bargain deal with the Federal Government.
Emefiele was transferred from DSS custody to the EFCC detention facility. The Federal Government had notified the court that Emefiele would face a fresh charge on November 15.
The proceedings in both cases were put on hold due to the Defendants' exploration of a plea bargain deal with the Federal Government.
Emefiele was transferred from DSS custody to the EFCC detention facility. The Federal Government had notified the court that Emefiele would face a fresh charge on November 15.
Justice Adeniyi had previously ordered the EFCC to either release Emefiele unconditionally or produce him in court for bail consideration on November 2.
The EFCC complied with the directive and produced Emefiele for the hearing of his bail application.
