EFCC, police clash over suspects as lawyer cries foul over ‘Double Jeopardy’

By Emma Nnadozie

ABUJA — Tensions have emerged between the Economic and Financial Crimes Commission (EFCC) and the Nigeria Police Force following the re-arrest of two suspects by the anti-graft agency over a case already under police investigation — a move a lawyer has described as “double jeopardy.”

Khadijah Bayern, an Abuja-based lawyer, has petitioned the Attorney General of the Federation (AGF), alleging intimidation and unlawful detention of her clients, Illesanmi Olaniyi and Ishola Maruf, by the EFCC. The petition, titled “Double Jeopardy and Intimidation”, challenges the EFCC’s actions after 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 over a reported financial glitch involving a new generation bank. In the course of the police investigation, two vehicles — a Toyota Hilux and a Toyota RAV4 — along with goods, equipment, and documents, were seized from their residences. These items remain in police custody, with a related forfeiture case ongoing in court.

Despite this, Bayern stated that the EFCC’s Special Duty Section 2 (SDC2) invited and detained the same individuals over the same allegations, keeping them in custody for 12 days without bail.

“This amounts to double jeopardy,” she said. “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 appealed to the AGF to intervene and ensure legal consistency in the handling of the case, warning against the dangers of overlapping jurisdiction by law enforcement agencies.

In a separate letter dated July 29, 2025, another legal representative for the suspects requested the EFCC to review its bail conditions, citing their clients’ fragile health and previous administrative bail by the police. The letter urged the EFCC to accept civil servants on Grade Level 14 or 15 as sureties instead of the previously stipulated higher-grade requirement.

“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.”

EFCC reacts

Responding to the allegations, EFCC’s Head of Media & Publicity, Dele Oyewale, defended the agency’s actions, stating that their investigation was based on new intelligence.

“Every operation of the EFCC is based on actionable intelligence and petitions,” Oyewale said. “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 clarified that suspects can be lawfully detained beyond 48 hours with a valid remand warrant obtained from a magistrate court.

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

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