EFCC, police ‘war’ over same suspects

An Abuja-based lawyer, Khadijah Bayern, has petitioned the Attorney General of the Federation (AGF) over what she described as “double jeopardy” and intimidation, following the re-arrest of her clients by the Economic and Financial Crimes Commission (EFCC), on a matter already being handled by the Nigeria Police Force.

In the petition titled “Double Jeopardy and Intimidation”, Bayern alleged that her clients, Illesanmi Olaniyi and Ishola Maruf, were initially arrested by the Police in Abuja over a reported glitch involving Moniepoint Bank. She stated that they were invited to the Force Intelligence Department (FID), on March 17, 2024, detained, and later granted administrative bail with sureties — bail which, she emphasised, remains valid.

According to her, during the police investigation, two vehicles — a Toyota Hilux van and a Toyota RAV4 — were seized, along with goods, equipment, documents, and other items from the suspects’ residences, while a forfeiture case was ongoing in court.

Bayern expressed shock that despite the matter being under active police investigation and already before the court, the EFCC, through its Special Duty Section 2 (SDC2), invited and detained the same suspects over the same allegations that the anti-graft agency has kept them in custody for 12 days without bail.

“This amounts to double jeopardy. The EFCC is aware the matter is before the Nigeria Police Force at the FID, with several seizures already made. Detaining them again on the same subject matter undermines and frustrates both investigation and prosecution,” she said.

Bayern also raised health concerns, stating, “They are medically unsound, and the EFCC clinic can attest to their frequent visits due to their failing health. Their continued detention poses serious risks.”

She maintained that both men were legitimate businessmen prior to the alleged bank glitch and called on the Attorney General of the Federation to intervene and halt what she described as multiple arrests on the same case by different agencies.

In a separate letter dated July 29, 2025, addressed to the Director of SDC2 at the EFCC, another counsel to the detained men, Ifeanyin Nwabueze, corroborated Bayern’s claims, noting that the men were already on administrative bail granted by the Nigeria Police FID over the same matter.

The lawyer argued that given the duplication of the case between two agencies, there was a need for flexibility in the EFCC’s bail conditions.Part of the letter read: “In particular, we kindly request that they be permitted to present civil servants on Grade Level 14 and 15 as sureties.

, in lieu of the higher grade initially stipulated. Furthermore, our clients have a medical history of a serious cardiovascular condition requiring regular medical attention. We assure you this request is made in good faith and will in no way interfere with the Commission’s investigation. We trust the Commission will consider this request favorably, in the interest of justice, fairness, and our clients’ health.”

In its response, the EFCC, through its Head of Media and Publicity, Dele Oyewale, said:

“Every operation of the EFCC is based on actionable intelligence and petitions. There is no way the Commission would deploy its resources to investigate a matter already being handled by the Police unless there are fresh angles being explored.”

On the issue of prolonged detention, Oyewale explained:

“As for the detention of suspects, we can lawfully hold a suspect beyond the statutory 48 hours by obtaining a Remand Warrant from a Magistrate Court. Please note that the EFCC does not harass or intimidate anyone. We operate within the ambit of the law in all that we do.

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