Court strikes out fresh application by DSS to further detain Emefiele, ex-CBN Gov
By Emma Ogbuehi
A High Court of the Federal Capital Territory (FCT), has struck out an application the Department of State Services (DSS) to secure an order to further detain the suspended former Governor of the Central Bank, Godwin Emefiele for14 days based on what they referred to as fresh evidence they have uncovered.
The fresh application marked FCT/HC/M/12105/2023, which was discreetly filed on Wednesday by the lawyers from the agency was heard today before, Justice Hamza Muazu, sitting as a vacation judge.
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However, after listening to the argument canvassed by the DSS, for the grant of same, Justice Muazu struck it out for being an abuse of court process and for lack of competent jurisdiction.
When the judge probed counsel to the DSS, Victor Ejelonu, on the court’s jurisdiction in view of the provisions of Sections 293 and 296 of the Administration of Criminal Justice Act which vests exclusive rights on the Magistrate Court to grant detention order, the Counsel applied and withdrew the matter.
The application was an attempt by the DSS to legalize the re-arrest and detention of Emefiele after he was granted bail by the Lagos division of the Federal High Court, where he was arraigned for illegal possession of firearms.
It followed the re-arrest of Emefiele from the premises of the Federal High Court in Lagos by the security agency after he was remanded in the custody of the Correctional Centre pending the perfection of his bail which was granted by Justice Nicholas Oweibo.
The action of the court is seen as another judicial loss suffered by the DSS against Emefiele in a case that has been dubbed by many as persecution and personal vendetta.