A High Court of the Federal Capital Territory sitting in Maitama, Abuja, has ordered the Department of State Services, DSS, to release the suspended Governor of the Central Bank of Nigeria, CBN, Godwin Emefiele or charge him to court within seven days.
Justice Hamza Muazu gave the order in a ruling on a fundamental rights enforcement suit filed by Emefiele challenging his detention by the DSS.
In an originating motion on notice, Emefiele had prayed the court to enforce his right to liberty and freedom of movement, as there was no basis for his detention.
However, the Attorney General of the Federation and the DSS had insisted that the detention of the suspended CBN Governor was lawful.
In its ruling, the court held that it was unlawful for the Federal Government to continue to detain Emefiele without charging him in court.
Reacting to the ruling, Counsel for the plaintiff and Senior Advocate of Nigeria, urged the federal government to obey the decision of the court in the interest of justice.
According to Chief Daudu, his client is expected to be released today on administrative bail.
At the June 20 proceeding in the case, the DSS, through its counsel, Mr. I. Awo, told Justice Hamza Muazu that Emefiele’s detention was lawful as the DSS had got an order of an FCT Chief Magistrates’Court to keep him in custody pending conclusion of the investigation.
On his part, counsel for the AGF, Tijjani Ghazali (SAN), argued that Emefiele’s arrest and detention by the DSS was an administrative decision of the executive arm of government and urged the court not to interfere.
However, Emefiele’s lawyer, Daudu, disagreed with them, insisting that the suit had merit.
Recall that on June 10, the DSS arrested the CBN Governor shortly after President Bola Tinubu suspended him from office and ordered a probe of the CBN.
Joined as respondents in the suit are the Attorney General of the Federation; the Director General of the DSS and the DSS, who have filed preliminary objections, challenging the jurisdiction of the court to entertain the case and urging that the suit be dismissed.
