The Federal Capital Territory High Court, Abuja, has issued a one week ultimatum to the Department of the State Security Service (DSS) to either charge the detained suspended Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele to Court or set him free.
Justice Hamza Muazu issued the order while delivering ruling in a fundamental human rights suit instituted against the DSS and others by Emefiele.
The judge said Emefiele hasn’t shown that his arrest and investigation is unlawful, but noted that it is within his right to get fair hearing.
Emefiele can’t remain in detention without formal charge
Justice Muazu further stated that the suspended CBN governor can’t remain in detention without a formal charge, adding also that the DSS can’t use the period of Emefiele’s detention to search for evidence against him.
Justice Muazu held that the DSS has the power to carry out its constitutional duties of making arrests, detain and ensuring prevention of internal crime but however said that such duties must be carried out within the law.
The court held that no matter how small a detention is, it can still amount to a breach of human rights, adding that since allegations against the embattled suspended CBN Governor contained bailable offences, the DSS ought to grant him administrative bail, pending his prosecution.
No evidence of unlawful arrest
However, the court said that there was evidence before it to show that there was an order from an Abuja Chief Magistrate Court that permitted the DSS to detain Emefiele for a period of 14 days to enable it to conclude its investigations.
It held that Emefiele did not establish that his arrest, detention and investigation were unlawful since it was based on a valid court order.
Describing the DSS as a reputable institution mandated to guarantee internal security of the country, Justice Muazu, said it must conduct its operations with strict adherence to the provisions of the Constitution.
- The judge said, “Though I am in sympathy with the Applicant (Emefiele), but my sentiment will not go far to deliver judgement 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 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.’’
What you should know
- President Bola Tinubu had on Friday, June 9, 2023, 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 on June 10, 2023, confirmed that Emefiele is now in its custody and urged the public, particularly the media, to apply utmost caution in the reportage and narratives concerning the development.
- Emefiele had on June 20, sued the Attorney General of the Federation (AGF), Director General of the DSS, seeking enforcement of his fundamental human rights to freedom of movement and dignity to human life.
- In the suit, the suspended CBN Governor, through his counsel, Joesph Daudu, stated that his arrest and detention since June 10 without valid order of court be voided and set aside.
