***Lawyer Petitions AGF, Accuses EFCC of Double Jeopardy, Intimidation
Tension is brewing between two major law enforcement agencies, the Economic and Financial Crimes Commission (EFCC) and the Nigeria Police Force, over jurisdictional overlap in a financial investigation involving two suspects: Illesanmi Olaniyi and Ishola Maruf.
An Abuja-based lawyer, Khadijah Bayern, has petitioned the Attorney General of the Federation (AGF), accusing the EFCC of double jeopardy and unlawful intimidation following the re-arrest and prolonged detention of her clients — despite their earlier arrest and bail by the Nigeria Police Force.
In her petition titled “Double Jeopardy and Intimidation”, Bayern alleged that her clients were first arrested on March 17, 2024, by officers of the Force Intelligence Department (FID) in connection with a reported “bank glitch” involving Moniepoint. After days in detention, the police reportedly granted them administrative bail, which remains valid.
“They were released under lawful conditions, and several items, including two vehicles (a Toyota Hilux and a Toyota RAV4), documents, goods and equipment were seized by the police. These remain in custody and are part of an ongoing forfeiture proceeding already before a court,” Bayern stated.
However, Bayern expressed shock that, despite the pending police investigation and court proceedings, the EFCC’s Special Duty Section 2 (SDC2) re-invited, arrested, and has since detained the same individuals over the same matter.
“This is a clear case of double jeopardy. The EFCC is well aware that the police are already investigating this issue. The continued detention is not only unnecessary but also amounts to intimidation,” she said.
According to her, both suspects have underlying health challenges and have reportedly visited the EFCC clinic multiple times since their detention, which has exceeded 12 days without bail.
“Their failing health makes their continued detention extremely risky. This is no longer just a legal matter; it is a human rights issue.”
In a separate letter dated July 29, 2025, addressed to the EFCC’s SDC2 Director, another lawyer representing the suspects reiterated that both men are already on administrative bail granted by the police. The lawyer urged the EFCC to relax its bail conditions in light of the duplication of investigation and the clients’ health concerns.
“We respectfully request that civil servants on Grade Level 14 and 15 be accepted as sureties instead of the higher grades earlier stipulated. Our clients suffer from a serious cardiovascular condition requiring regular medical attention.”
“This appeal is made in good faith and in no way seeks to interfere with the Commission’s ongoing investigation. We trust that fairness, justice, and humanitarian concerns will guide your decision.”
The case has sparked fresh debate around the coordination between Nigeria’s top investigative agencies, with legal experts warning that overlapping investigations on the same matter could not only compromise due process but also violate the constitutional rights of citizens.
Bayern is now urging the AGF to wade into the matter and clearly delineate boundaries between agencies to avoid what she called “multiple arrests for a single alleged offence.”
“If the Attorney-General does not intervene, we risk normalizing a pattern of harassment and abuse by agencies operating without synergy,” she warned.