Maryam Aminu
A legal tussle appears to be brewing between the Economic and Financial Crimes Commission (EFCC) and the Nigeria Police Force over the custody and investigation of two suspects, as a lawyer accuses the EFCC of subjecting her clients to “double jeopardy.”
Khadijah Bayern, an Abuja-based legal practitioner, has petitioned the Attorney General of the Federation (AGF) over what she described as harassment and duplication of investigations by the EFCC, following the re-arrest and continued detention of her clients, Illesanmi Olaniyi and Ishola Maruf.
According to the petition titled “Double Jeopardy and Intimidation”, Bayern said her clients were initially arrested by the Nigeria Police Force on March 17, 2024, in connection with a reported glitch involving Moniepoint Bank. She explained that the men were invited by the Force Intelligence Department (FID), detained, and later granted administrative bail with sureties a bail she said remains valid.
During the police investigation, Bayern noted that two vehicles, a Toyota Hilux van and a Toyota RAV4, alongside several goods, equipment, documents, and other items, were seized from the suspects’ residences. The seized items are still in police custody, and a forfeiture case is currently before the court.
The lawyer expressed concern that despite the ongoing police investigation and court proceedings, the EFCC’s Special Duty Section 2 (SDC2) went ahead to re-arrest the same individuals on what she claimed were identical allegations. She alleged that the suspects have been held for 12 days by the EFCC without being granted bail.
While acknowledging that the EFCC has the right to investigate any criminal matter, Bayern faulted the Commission’s refusal to grant bail in a case that is clearly bailable under the law, especially when her clients were already on administrative bail by the police, who are actively investigating the same issue.
“This amounts to double jeopardy,” she stated. “The EFCC is aware the matter is before the Nigerian Police Force at FID, with several seizures already made. Detaining them again on the same subject matter undermines and frustrates both investigation and prosecution.”
She also raised alarm over the health conditions of her clients, stating that both men are medically unfit and have been frequent visitors to the EFCC clinic.
Bayern urged the AGF, as the chief law officer of the country, to intervene and put an end to what she described as intimidation and conflicting actions by federal agencies.
In a separate letter dated July 29, 2025, addressed to the Director of SDC2 at the EFCC, another counsel representing the suspects echoed Bayern’s claims. The letter acknowledged the ongoing police investigation and appealed for leniency in EFCC’s bail conditions.
The counsel requested that the EFCC allow civil servants on Grade Levels 14 and 15 to stand as sureties instead of the higher grades initially demanded, citing the medical vulnerabilities of the suspects.
“We assure you that this request is made in good faith and will in no way interfere with the Commission’s investigation,” the letter read. “We trust that the commission will consider this request favorably, in the interest of justice, fairness and our clients’ health.”
The matter underscores the often overlapping mandates of Nigeria’s security and anti-graft agencies, and raises fresh questions about the coordination of law enforcement processes in high-profile cases.
Africa Security Investigation News 