An Abuja High Court sitting at Maitama, on Thursday, ordered the Department of State Services, DSS, to release the suspended Governor of the Central Bank of Nigeria, CBN, Godwin Emefiele, from detention within seven days or charge him to court.
In a judgment that was delivered by Justice Hamza Muazu, the court held that Emefiele’s continued detention without trial amounted to a gross violation of his fundamental human rights.
Justice Muazu stated that the Nigerian Constitution was founded on the rule of law, which he stated implied that everything must be done in accordance with 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.
Nonetheless, the court stated that there was evidence before it demonstrating that there was an order from an Abuja Chief Magistrate Court allowing the security agency to detain Emefiele for 14 days in order to complete its investigations.
Emefiele did not establish that his arrest, detention, and investigation were unlawful because they were based on a valid court order, the court ruled.
Justice Muazu described the DSS as a reputable institution tasked with ensuring the country’s internal security, saying it must conduct its operations in strict accordance with the provisions of the Constitution.
“Though I am in sympathy with the Applicant (Emefiele), 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 a 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 the applicant be released on administrative bail.
“Consequently, I hereby enter an order, directing the Respondents to charge the Applicant to court within one week or release him on administrative bail,” the court held.
Emefiele filed the fundamental rights enforcement suit with the help of a team of lawyers led by Mr. Joseph Daudu, SAN, a former President of the Nigerian Bar Association.
The DSS was accused of violating Emefiele’s constitutional rights to liberty, freedom of movement, and a fair trial in his lawsuit, which was filed in court on June 9 and was designated FCT/HC/CV/6450/23.
