Emefiele was transferred to the custody of the EFCC on October 26, while the application was filed on October 31.
By Jeffrey Agbo
An FCT High Court in Abuja has fixed January 8 for judgment in the N1bn fundamental rights suit filed by former Central Bank of Nigeria governor, Godwin Emefiele, against the Federal Government.
The embattled ex-CBN boss instituted the suit over his prolonged detention in the custody of the Department of State Services.
Emefiele was arrested on June 10 shortly after his suspension by President Bola Tinubu.
Listed as defendants in the suit were the Federal Government, the Attorney General of the Federation; the Economic and Financial Crimes Commission, and its chairman.
He is urging the court to declare that his prolonged detention by the agency of the first and second respondents since June 10, 2023, and subsequent transfer to the custody of the third and fourth respondents on October 26, 2023, without being arraigned in court was unlawful.
He wants the court to order the respondents to pay him N1bn damages and to restrain them from further arresting and or detaining him.
At the resumed hearing on Monday, his lawyer, Mathew Burkaa (SAN), told the court the former CBN governor was detained for 151 days contrary to the law.
He, therefore, urged the court to enter judgment and award damages in his client’s favour.
Burkaa stated that Emefiele was held incommunicado as shown by the fact that the deponent to the suit, Dr Okanta Emefiele, was denied access to the ex-CBN governor and could not communicate with him.
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He said this was enough basis for the court to enter judgment in Emefiele’s favour, submitting that every Nigerian deserved the court’s protection.
Responding, counsel for the first and second respondents, Oyin Koleosho,urged the court to dismiss the suit for lacking in merit.
He submitted that the government’s opposition to the suit was based on the authority and the source of information of the deponent to the affidavit in support of the originating summons.
According to him, Emefiele was transferred to the custody of the EFCC on October 26, while the application was filed on October 31.
He added that during that period there was no contact or communication between Emefiele and the deponent.
He further submitted that in Emefiele’s further and better affidavit, there was no reference made to the time, date, and venue where the applicant and the deponent met.
He submitted that this rendered the deposition incompetent.
Counsel for the third and fourth respondents, Farouk Abdullah, prayed the court to dismiss the suit for being misconceived and brought in bad fate.
He informed the court that Emefiele was brought to EFCC custody on October 26 and the commission obtained a remand order on October 27 to remand the applicant for 14 days.
He said while he would not trivialise the activities of the Federal Government, there were different ministries, departments, and agencies with different mandates.
According to him, Emefiele, the DSS ought to have been brought into the suit.
Justice Olukayode Adeniyi, after listening to the counsel, fixed January 8 for judgment.
