Court Orders DSS To Charge Godwin Emefiele Within One Week Or Release Him

A Federal Capital Territory High Court has issued an order to the Department of State Services (DSS) regarding the suspended Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele.

KanyiDaily recalls that the DSS arrested Godwin Emefiele on June 10, a day after President Bola Tinubu suspended him as the CBN Governor and transfer his responsibilities to Folashodun Adebisi Shonubi, the Deputy Governor of the Operations Directorate.

Following his arrest, Emefiele sued the Attorney General of the Federation (AGF), the 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 argued that his arrest and detention since June 10 without valid order of court be voided and set aside. He demanded compensation of N5M as exemplary damages for his alleged unlawful detention.

During the proceedings, the counsel to the AGF, Tijjani Ghazali argued that the court lacked jurisdiction to hear the case, emphasizing that Emefiele’s arrest and detention by the DSS were administrative decisions within the executive arm.

The DSS also challenged the court’s jurisdiction to hear the suit, citing a subsisting order from a chief magistrate court for Emefiele’s detention.

In his Judgement on Thursday, July 1, the Presiding Judge Hamza Muazu held that Emefiele should be released on bail if he is not taken to a competent court within one week.

Judge Muazu stated that the former CBN governor’s continued detention without trial constitutes to a grave violation of his fundamental human rights.

However, the judge noted that Emefiele failed to demonstrate that his arrest, detention, and investigation were unlawful, as they were based on a valid court order.

Muazu said, “Detention, no matter how small, can amount to a breach of fundamental rights.

“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 make an order, directing the respondents to within one week, charge the applicant to court or release him on administrative bail.”

KanyiDaily recalls that the DSS had been trying to arrest Godwin Emefiele since last year during the administration of the immediate past president, Muhammadu Buhari.