A legal standoff is brewing between two federal law enforcement agencies as an Abuja-based lawyer, Khadijah Bayern, has petitioned the Attorney General of the Federation (AGF) over what she describes as “double jeopardy” following the re-arrest of her clients by the Economic and Financial Crimes Commission (EFCC), despite an ongoing investigation by the Nigeria Police Force on the same matter.
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In her petition titled “Double Jeopardy and Intimidation”, Bayern said her clients, Illesanmi Olaniyi and Ishola Maruf, were first arrested by officers of the Force Intelligence Department (FID) of the Police on March 17, 2024, in connection with an alleged financial glitch involving Moniepoint Bank.
According to her, the men were detained by the police, granted administrative bail with valid sureties, and have since been complying with the conditions. She further revealed that during the course of the police investigation, two vehicles a Toyota Hilux and a Toyota RAV4 along with goods, documents, and other equipment were seized from their homes. These items, she said, are still in police custody, with a forfeiture case already before the court.
However, Bayern said she was stunned when the EFCC, through its Special Duty Section 2 (SDC2), invited and detained the same men again over the same allegations, a move she condemned as unjust, unnecessary, and detrimental to both their health and legal rights.
“This amounts to double jeopardy,” she stated. “The EFCC is aware that the matter is already being handled by the Nigeria Police at the FID, with several seizures made. Detaining them again on the same subject matter undermines and frustrates both investigation and prosecution.”
She added that both suspects, who she described as legitimate businessmen before the incident, have now spent 12 days in EFCC custody without being granted bail, despite a deteriorating health condition that requires regular medical attention.
“They are medically unsound, and the EFCC clinic can attest to their frequent visits due to their failing health,” she warned. “Their continued detention poses serious risks.”
Calling on the AGF, Prince Lateef Fagbemi (SAN), to urgently intervene, Bayern urged a halt to what she termed as “multiple arrests on the same case by different agencies,” noting that the conflicting actions were setting a dangerous precedent and placing undue psychological and physical strain on her clients.
In a related development, another letter dated July 29, 2025, was addressed to the Director of SDC2, EFCC, by a separate counsel representing the same suspects. The letter reaffirmed that Olaniyi and Maruf were already on valid administrative bail granted by the police, and it appealed for leniency in EFCC’s bail conditions, citing health and legal concerns.
“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,” the letter read.
It also highlighted their critical medical condition: “Our clients have a medical history of a serious type of cardiovascular disease that requires medical attention regularly. We assure you that this request is made in good faith and will in no way interfere with the Commission’s investigation.”
The letter urged the EFCC to exercise discretion in the interest of justice, fairness, and the suspects’ wellbeing.
As of press time, both the EFCC and the Police had not issued official responses to the claims. However, legal analysts warn that overlapping investigations without coordination could spark institutional friction and violate due process.
Observers say the Attorney General may now be called upon to mediate and clarify jurisdiction in the handling of such cases to prevent recurring instances of what is being described as “administrative overreach.”
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