Key Highlights
- Emefiele dragged the DSS before the FCT High Court to challenge his detention and enforce his right to liberty and freedom of movement, as there is no basis for his continuous detention.
- The AGF and the DSS insisted that the detention of the suspended CBN Governor is lawful as well as challenged the jurisdiction of the court to entertain the case brought before it by the applicant.
- The court fixed July 13 for the ruling on the enforcement of a fundamental rights suit filed by Emefiele after listening to submissions made by parties in the case.
The suspended Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, on Tuesday, dragged the Department of State Services (DSS) before the Federal Capital Territory High Court in Abuja, challenging his detention.
In his originating motion on notice, Emefiele is praying for the court to enforce his right to liberty and freedom of movement, as there is no basis for his continuous detention.
Jurisdiction challenged.
During the proceedings, counsel for the Attorney General of the Federation (AGF), Tijjani Ghazali SAN, informed the court that the first respondent is challenging the jurisdiction of the court to entertain the case brought before it by the applicant.
He stated that the originating motion filed by Mr. Emefiele ought to have sought that the court set aside the order for his detention rather than seek enforcement of rights.
The DSS, on its part, is also challenging the motion for bail filed by Mr Emefiele.
AGF, and DSS insist detention is lawful.
Also, the AGF as well as the DSS have insisted that the detention of the suspended CBN Governor is lawful.
In a preliminary objection filed against the fundamental rights enforcement suit instituted by Emefiele, the Attorney General of the Federation (AGF) and the DSS told the Federal Capital Territory High Court that the detention was backed by the order of a magistrates’ court and prayed for the court to dismiss the motion with cost.
They noted that the arrest of the former CBN governor was an administrative decision of the DSS.
However, counsel for Emefiele, Joseph Daudu, SAN, argued that the offenses listed against Emefiele are state offenses that could be entertained by the FCT High Court.
He contended that, contrary to the preliminary objection raised against the originating summons on notice by the respondents, the court has the jurisdiction to entertain the matter.
Court fixes July 13 for ruling
Consequently, the court fixed July 13 for the ruling on the enforcement of a fundamental rights suit filed by Emefiele.
Justice Hamza Muazu fixed the date after listening to submissions made by parties in the case.
Listed as 1st to 3rd respondents in the suit are the Attorney General of the Federation, the Director General of the State Security Service, and the State Security Service.
What you should know
- Nairametrics had on Friday evening, June 9, 2023, reported that President Bola Tinubu had suspended the CBN Governor, Godwin Emefiele, with immediate effect, following an ongoing investigation of his office and planned reforms in the financial sector of the economy.
- The DSS had on June 10, 2023, confirmed that the suspended Central Bank of Nigeria (CBN) Governor, Godwin Emefiele is now in its custody.
- The secret police in its statement urged the public, particularly the media, to apply utmost caution in the reportage and narratives concerning the development.
- Also, a Federal High Court sitting in Maitama, Abuja, had on Friday, June 16, ordered the Director-General of the DSS and the service to immediately grant the suspended CBN Governor unrestricted access to his lawyers and family members as it is within his constitutional right.
- The order was given by Justice Hamza Muazu on Friday, July 16, 2023, following an application by J.B. Daudu, SAN, counsel to Emefiele.
- Daudu had informed the court that he had written letters to the DSS, particularly on June 14, to take further instruction from him, but the DSS has refused to respond to the application.
