By Umar Suleiman
Justice Hamza Muazu of the Federal Capital Territory (FCT) High Court has ordered the Department of State Services (DSS) to charge the suspended Governor of the Central Bank of Nigeria (CBN) Godwin Emefiele to court within one week or release him.
Emefiele’s counsel, Joseph Dawodu, a Senior Advocate of Nigeria (SAN) said the application for bail would be processed while hoping it would be granted.
The Courtroom Tussle
Recall that on June 10, the DSS arrested the governor of the apex bank shortly after President Bola Tinubu suspended him from office and ordered a probe of the CBN.
In the suit, filed through his lawyer, Joseph Daudu (SAN), before the Federal Capital Territory High Court, Abuja, Emefiele is alleging a violation of his human rights.
Joined as respondents in the suit are the Attorney General of the Federation; the Director General of the DSS and the DSS, who have filed preliminary objections, challenging the jurisdiction of the court to entertain the case and urging that the suit be dismissed.
At a June 20 proceeding in the case, the DSS, through its counsel, I. Awo, told Justice Hamza Muazu that Emefiele’s detention was lawful as the DSS had got an order of an FCT Chief Magistrates’Court to keep him in custody pending conclusion of investigation.
On his part, counsel for the AGF, Tijjani Ghazali (SAN), argued that Emefiele’s arrest and detention by the DSS was an administrative decision of the executive arm of government and urged the court not to interfere.
However, Emefiele’s lawyer, Daudu, disagreed with them, insisting that the suit had merit.
The Charge or Release Ruling
Ruling on the matter on Thursday, Justice Muazu held that the 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 held, adding that since allegations against the embattled suspended CBN Governor contained bailable offences, the DSS ought to grant him administrative bail, pending his prosecution.
Nevertheless, 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 security agency 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 was 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 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.
