An Abuja High Court in Maitama has ruled that the Department of State Services (DSS) must release or charge the suspended Governor of the Central Bank of Nigeria (CBN), Mr. Godwin Emefiele, within seven days, News About Nigeria reports.
The court presided over by Justice Hamza Muazu, declared that the continued detention of Emefiele without trial is a serious violation of his fundamental human rights.
The judge emphasized that the Nigerian Constitution is built on the principle of the rule of law, which dictates that all actions must be carried out in accordance with legal provisions.
According to Justice Muazu, even brief detention can be considered a breach of fundamental rights. Since the allegations against Emefiele, who is currently under suspension, involve offenses that can be bailable, the DSS is expected to grant him administrative bail while awaiting prosecution.
However, the court acknowledged that evidence was presented to show that an Abuja Chief Magistrate Court had issued an order allowing the security agency to detain Emefiele for 14 days to conclude its investigations.
Therefore, the court held that Emefiele failed to establish that his arrest, detention, and investigation were illegal, as they were based on a valid court order.
While recognizing the reputable nature of the DSS as an institution responsible for ensuring internal security, Justice Muazu emphasized that its operations must strictly adhere to constitutional provisions.
Although sympathetic to Emefiele’s plight, the judge stated that sentiment alone would not dictate the judgment and grant all the reliefs sought by the applicant.
However, the court found merit in the application, noting that Emefiele is entitled to a fair hearing. Given the absence of any charges against him, the continued detention of the applicant cannot be justified.
Therefore, the court ordered the respondents to either charge Emefiele to court or release him on administrative bail within one week.
The judgment was issued following a fundamental rights enforcement suit filed by Emefiele through his legal team, led by former President of the Nigerian Bar Association, Mr. Joseph Daudu, SAN.
Emefiele, who has been in detention since June 9, alleged that the DSS violated his constitutional rights to liberty, freedom of movement, and fair hearing in his suit numbered FCT/HC/CV/6450/23.
