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ABUJA — A legal storm is brewing between the Economic and Financial Crimes Commission (EFCC) and the Nigeria Police Force, following the re-arrest and prolonged detention of two suspects already under police investigation — a move a lawyer describes as “double jeopardy” and unlawful.
Khadijah Bayern, an Abuja-based lawyer, has petitioned the Attorney General of the Federation (AGF), accusing the EFCC of intimidation and illegal detention of her clients, Illesanmi Olaniyi and Ishola Maruf. The duo had previously been arrested and granted administrative bail by the Police Force Intelligence Department (FID) in March 2024, over a financial glitch involving a new generation bank.
In her petition titled “Double Jeopardy and Intimidation,” Bayern noted that while the police investigation was still ongoing and certain assets — including a Toyota Hilux, a Toyota RAV4, equipment, and documents — remain in police custody pending a court-forfeiture ruling, the EFCC swooped in and re-arrested the same suspects on the same allegations.
“They were detained for 12 days without bail by the EFCC’s Special Duty Section 2 (SDC2), despite the fact that the matter is already in court under police investigation,” Bayern said. “This amounts to double jeopardy and is not only unlawful but also a threat to their health and constitutional rights.”
She urged the AGF to intervene immediately to prevent what she termed “overlapping jurisdiction” between law enforcement agencies and ensure adherence to due process.
In a separate letter dated July 29, 2025, another legal representative for the suspects appealed to the EFCC to relax its bail terms. The lawyer requested the commission to accept civil servants on Grade Level 14 or 15 as sureties — rather than the more stringent conditions earlier imposed — citing the fragile health of the accused and their prior bail by the police.
“The offence is bailable, and the police are already handling the case,” the letter stated. “This request will not obstruct EFCC investigations but seeks to prevent prolonged detention without necessity.”
EFCC Responds
Reacting to the controversy, EFCC’s Head of Media and Publicity, Dele Oyewale, defended the agency’s actions, insisting the re-arrest was based on “fresh intelligence.”
“Every operation of the EFCC is based on actionable intelligence and petitions,” Oyewale said. “There is no way the Commission will duplicate police efforts unless new angles emerge.”
He also explained that suspects can legally be held beyond 48 hours with a valid remand order from a magistrate court and emphasized that the Commission does not engage in harassment or intimidation.
“We operate strictly within the bounds of the law,” Oyewale added.
The unfolding dispute has raised fresh concerns over agency rivalry, legal overreach, and the rights of suspects in Nigeria’s justice system.
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