EFCC, Police Disagree Over Custody Of Suspects As Lawyer Alleges Double Jeopardy

A legal dispute is unfolding between the Economic and Financial Crimes Commission (EFCC) and the Nigeria Police Force following the EFCC’s re-arrest of two suspects previously granted bail by the police—a move described by a lawyer as “double jeopardy.”

Khadijah Bayern, an Abuja-based lawyer, has petitioned the Attorney General of the Federation (AGF), accusing the EFCC of intimidation and unlawful detention of her clients, Illesanmi Olaniyi and Ishola Maruf. The petition, titled “Double Jeopardy and Intimidation,” argues that the EFCC’s actions are undermining an ongoing police investigation and court proceedings.

According to Bayern, her clients were initially arrested in March 2024 over a reported financial discrepancy involving a commercial bank. During the police investigation, assets including a Toyota Hilux, a Toyota RAV4, various goods, and documents were seized from their homes and remain in police custody. A related forfeiture case is still pending in court.

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

“This amounts to double jeopardy,” Bayern said. “The EFCC is fully aware that the case is already under investigation by the police and is in court. Their continued detention not only disrupts legal proceedings but also endangers the health of my clients, both of whom have existing medical conditions.”

She has appealed to the AGF to intervene and ensure a harmonized legal approach, warning of the risks posed by overlapping jurisdiction among law enforcement agencies.

Lawyers Seek Bail Review

In a separate letter dated July 29, 2025, another legal representative for the suspects requested that the EFCC review its bail conditions, citing the detainees’ health concerns and the fact that they had previously been granted administrative bail by the police.

The letter urged the EFCC to accept civil servants on Grade Level 14 or 15 as sureties—a reduction from the commission’s earlier requirement of higher-level officers.

“This request is made in good faith and will not obstruct the Commission’s investigation. Our concern is the prolonged detention of suspects over a bailable offense already being handled by another agency,” the letter read.

EFCC Responds

In response, EFCC’s Head of Media and Publicity, Dele Oyewale, defended the agency’s actions, stating that the re-arrest was based on new intelligence.

“Every EFCC operation is grounded in actionable intelligence and petitions,” Oyewale said. “The Commission will not duplicate efforts unless there are fresh dimensions to the case.”

He also emphasized that the EFCC operates within the bounds of the law and secures valid remand warrants when necessary.

“The EFCC does not harass or intimidate anyone. Our actions are legally justified, and suspects can be held beyond 48 hours with a valid court order,” Oyewale added.

The unfolding case raises broader questions about inter-agency coordination and the protection of suspects’ rights amid overlapping mandates between Nigeria’s top anti-corruption and law enforcement bodies.