Emefiele had in a suit marked: FCT/HC/CV/6450/23, accused the DSS of violating his constitutional rights
Kehinde Okeowo
Justice Hamza Muazu of the High Court of the Federal Capital Territory, FCT, Abuja, has ordered the Department of State Services (DSS), to charge the suspended Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, to court or release him.
The Judge issued the order on Thursday while delivering ruling in a fundamental human rights suit instituted against the DSS and others by Emefiele.
Muazu, while giving the order, held that the DSS has the constitutional right to make arrests, detain and ensure prevention of internal crime, but added, that such must be done within the ambit of the law.
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He also said that the arrest power of the DSS was not beyond the stipulated conditions under which a Nigerian citizen must be held and for how long.
Delivering the judgement, he 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,” the court held.
The judgement followed 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
Emefiele, who has been in detention since June 9, had in his suit marked: FCT/HC/CV/6450/23, accused the DSS of violating his constitutional rights to liberty, freedom of movement and fair hearing.
