The Federal Capital Territory FCT High Court in Abuja has ordered the Department of State Service to release the detained suspended Governor of Central Bank of Nigeria CBN Mr. Godwin Emefiele within one week.
The court also ordered that DSS grant him administrative bail and charge him to court.
Justice Hamza Muazu gave the order on Thursday while ruling in a fundamental human rights suit Emefiele filed to challenge his arrest and detention by the Department of State Services.
Justice Muazu held that the DSS has the power to carry out its Constitutional duties of making arrests, detain, and ensuring prevention of internal crime but however, said that such duties must be carried out within the ambit of the law.
He said that the arrest power of DSS was not at large as the law stipulated conditions under which a Nigerian citizen must be held and for how long.
The court held that “detention, no matter how small can amount to a breach of fundamental rights,” 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.
“However, I am concerned that the application is not without merit. The Applicant is entitled to a fair hearing.” Justice Mu’azu held.
Emefiele had dragged the Attorney General of the Federation AGF, Director General DSS and DSS seeking enforcement of his fundamental human rights to freedom of movement and dignity to human life.
In the suit instituted on his behalf by a Senior Advocate of Nigeria SAN, Joseph Daudu, the suspended CBN Governor had applied that his arrest and detention since June 10 without valid order of court be voided and set aside.
Emefiele demanded compensation of N5b as exemplary damages for his alleged unlawful detention.
On the jurisdiction of the court to entertain the case, Justice Muazu held that, the court has jurisdiction to entertain and hear the matter.
Recall that on June 10, the DSS arrested the governor of the apex bank shortly after President Ahmed Tinubu suspended him from office and ordered a probe of the CBN.
Speaking in an interview shortly after the court sitting, counsel to Emefiele Joseph Daudu SAN expressed appreciation for the court’s ruling.
Dominica Nwabufo
