EFCC, Police clash over re-arrest of suspects already on bail

EFCC, Police clash over re-arrest of suspects already on bail

An emerging conflict has arisen between the Economic and Financial Crimes Commission (EFCC) and the Nigeria Police Force. This is due to the EFCC’s re-arrest of two suspects for a case already being investigated by the police, a move a lawyer described as “double jeopardy.”

An Abuja-based lawyer, Khadijah Bayern, has filed a petition with the Attorney General of the Federation (AGF), alleging that the EFCC unlawfully detained and intimidated her clients, Illesanmi Olaniyi and Ishola Maruf.

Titled “Double Jeopardy and Intimidation”, the petition challenges the EFCC’s actions, noting the suspects were previously arrested and granted administrative bail by the Police Force Intelligence Department (FID) in March 2024.

According to Bayern, her clients were initially detained for a reported financial glitch at a new-generation bank. The police investigation led to the seizure of two vehicles—a Toyota Hilux and a Toyota RAV4—along with goods, documents, and equipment from the suspects’ homes.

These items are still in police custody, and a related forfeiture case is ongoing in court.

Despite this, Bayern said the EFCC’s Special Duty Section 2 (SDC2) invited and detained the same individuals on the same allegations, holding them for 12 days without bail.

Bayern said, “This amounts to double jeopardy,” and added, “The EFCC is aware that the case is already under police investigation and is currently in court. Their continued detention not only undermines ongoing legal proceedings but also poses serious health risks to my clients, who have documented medical conditions.”

Bayern urged the AGF to intervene to ensure legal consistency and warned of the dangers of overlapping law enforcement jurisdiction.

In a separate letter dated July 29, 2025, another lawyer representing the suspects asked the EFCC to review their bail conditions, citing the suspects’ fragile health and previous police administrative bail.

The letter urged the EFCC to accept civil servants on Grade Level 14 or 15 as sureties instead of the previously required higher-grade sureties.

“This request is made in good faith,” the letter stated, “and will not interfere with the Commission’s investigation. What we are against is prolonged detention over a bailable offence already being handled by another agency.”

In response, EFCC’s Head of Media & Publicity, Dele Oyewale, defended the agency’s actions, explaining that their investigation was based on new intelligence.

Oyewale said, “Every operation of the EFCC is based on actionable intelligence and petitions,” and, “There is no way the Commission will deploy its resources to a case already being handled by the police unless there are fresh angles.”

He further explained that suspects can be lawfully held for more than 48 hours with a valid remand warrant from a magistrate court.

He added, “The EFCC does not harass or intimidate anyone. We operate strictly within the law.”