DSS Gets Seven Days To Release Emefiele

The Department of State Services, DSS, has been ordered to release the the suspended Governor of the Central Bank of Nigeria, CBN, Mr. Godwin Emefiele, from detention or charge him to court within seven days.

Jul 13, 2023 - 14:24

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The Department of State Services, DSS, has been ordered to release the suspended Governor of the Central Bank of Nigeria, CBN, Mr. Godwin Emefiele, from detention or charge him to court within seven days.

Recall that Emefiele has been in detention since June 9, and in his suit marked: FCT/HC/CV/6450/23, he accused the DSS of violating his constitutional rights to liberty, freedom of movement and fair hearing.

At the hearing on Thursday, an Abuja High Court sitting at Maitama, on Thursday, gave Nigeria secret police the order in a judgement that was delivered by Justice Hamza Muazu to release his or charge him to court with seven days.

The ruling of the court was sequel to a fundamental rights enforcement suit that Emefiele filed through his team of lawyers led by a former President of the Nigerian Bar Association, NBA, Mr. Joseph Daudu, SAN.

Justice Muazu held that Emefiele’s continued detention without trial, amounted to a gross violation of his fundamental human rights.

According to Justice Muazu, Nigerian Constitution was founded on the rule of law which he said pre-supposed that everything must be done according to the law.

“Detention, no matter how small can amount to a breach of fundamental rights,” the court stated, stressing that since the allegations were made against the suspended CBN Governor contained bailable offences, the DSS ought to grant him administrative bail, pending his prosecution.

It held that Emefiele did not establish that his arrest, detention and investigation was unlawful since it was based on a valid court order.

Justice Muazu observed that the DSS is a reputable institution mandated to guarantee internal security of the country, stating that it must conduct its operations with strict adherence to provisions of the Constitution.

“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,” the court held.