Lawyer Petitions AGF as EFCC, Police Clash Over Custody of Same Suspects

A legal dispute has erupted between two federal law enforcement agencies in Nigeria, following allegations of overlapping investigations and unlawful re-arrest of suspects, prompting a formal petition to the Attorney General of the Federation (AGF).

Abuja-based legal practitioner, Khadijah Bayern, has called on the AGF, Prince Lateef Fagbemi (SAN), to urgently intervene after her clients, Illesanmi Olaniyi and Ishola Maruf, were re-arrested by the Economic and Financial Crimes Commission (EFCC), despite ongoing investigations into the same matter by the Nigeria Police Force.

In a petition titled “Double Jeopardy and Intimidation”, Bayern alleged that her clients had initially been apprehended by operatives from the Force Intelligence Department (FID) of the police on March 17, 2024, in connection with a financial dispute involving Moniepoint Bank. Following their arrest, the suspects were granted administrative bail with sureties, while two vehicles, various goods, and personal equipment were seized and remain in police custody under court proceedings for potential forfeiture.

However, Bayern expressed alarm over what she described as an unjustified second arrest by the EFCC’s Special Duty Section 2 (SDC2) on the same allegations. She argued that the move constitutes a violation of the legal principle of double jeopardy and raises questions of procedural abuse.

“The EFCC is fully aware that the matter is under active investigation by the police, and yet proceeded to detain the suspects without fresh evidence or legal basis,” Bayern stated. She further noted that her clients have now spent 12 days in EFCC custody without bail, despite serious health concerns requiring regular medical treatment.

Highlighting their deteriorating medical condition, Bayern warned that both men were unfit for extended detention and had repeatedly sought medical attention while in EFCC custody.

A separate letter dated July 29, 2025, addressed to the Director of SDC2 by another legal representative for the suspects, appealed for the Commission to reconsider its bail terms. The counsel requested that civil servants on Grade Level 14 or 15 be accepted as sureties, citing humanitarian and health-related grounds.

“Our clients suffer from cardiovascular conditions that necessitate ongoing care. We are requesting leniency not to obstruct your investigation, but to protect their right to life and dignity,” the letter read.

The EFCC and the Nigeria Police Force have yet to issue official statements on the matter as of the time of reporting. However, legal commentators have warned that uncoordinated enforcement efforts between agencies could create institutional conflicts and erode public confidence in due process.

Observers suggest that the AGF may now need to issue a policy clarification or intervention to address what some describe as an emerging pattern of administrative overreach among security institutions handling high-profile cases.