Justice Hamza Muazu of the Federal Capital Territory (FCT) High Court has ordered the Department of State Services (DSS) to charge or release the suspended Governor of the Central Bank of Nigeria (CBN) Godwin Emefiele to court within one week.
Emefiele, who was suspended as CBN Governor on June 10, sued the Attorney General of the Federation (AGF), the DSS Director General and the DSS for unlawful arrest and detention while seeking N5 million as damages against the defendants.
In his originating motion on notice, Emefiele sought to enforce his right to liberty and freedom of movement, arguing there is no basis for his continuous detention.
When the case on the jurisdiction of the court to entertain the issues surrounding the arrest and detention of Emefiele came up for hearing on Thursday, Justice Muazu maintained that it is within the jurisdiction of a State High Court to entertain the charges brought against the former CBN Governor.
He also noted that the DSS acted within the law and its mandate to arrest, detain and investigate for the prevention of breach of national security.
While the court noted that there was evidence before it to show that there was an order from an Abuja Chief Magistrate Court that permitted the security agency to detain Emefiele for 14 days to enable it to conclude its investigations, the judge nonetheless stressed that Emefiele’s fundamental human rights should not be breached under any guise.
Saying that DSS’ power to arrest must be guided by the provisions of the law that stipulated the conditions under which a Nigerian citizen must be held and for how long, Justice Muazu ordered the DSS to charge Emefiele to court within one or have him released.
While stating that though the applicant has not shown that his arrest and detention are unlawful, the presiding judge however emphasised that the charges brought against Emefiele are bailable, in addition to having rights to a fair hearing.
He said: “Though I am in sympathy with the Applicant but my sentiment will not go far to deliver judgment by granting all the reliefs sought by the Applicant.
“The Applicant has not shown that his arrest, detention and investigation were unlawful.
“However, I am concerned that the application is not without merit. The Applicant is entitled to a fair hearing.
“At this point, the continued detention of the Applicant cannot be justified in the absence of any charge against him.
“At the very least, justice demands that Applicant should be released on administrative bail.
“Consequently, I hereby male an order, directing the Respondents to within one week, charge the Applicant to court or release him on administrative bail,”
Speaking with journalists after the court session, Emefiele’s counsel, Dawodu (SAN) expressed optimism that the government would respect the pronouncement of the court.
He said the process for Emefiele to regain his freedom would commence immediately.
“I think the judiciary is on the right track. Seven days have been given to the DSS to either charge him to court or release him on administrative bail.
“We are expecting him to be released on administrative bail today, as we speak, expecting him to be released today in obedience to the court order.
“I do not think that the President who is a newly minted president of the Federal Republic of Nigeria will like to start his administration with the organizations under him disobeying court orders.
“He was at the forefront as a NADECO man to chastise military governments for disobeying court orders, now power is in his hand, we’ll see whether he, himself will obey court orders..”