The Department of State Services (DSS), has asked the High Court of the Federal Capital Territory, Abuja to dismiss the fundamental rights suit filed by the suspended and detained Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele.
Emefiele filed the suit, through his lawyer, J.B. Daudu, to demand his freedom, alleging that the DSS had been detaining him unlawfully.
However, the DSS, through its counsel, I. Awo, filed a preliminary objection in opposition to the suit.
Awo, on Tuesday, told Justice Hamza Muazu that Emefiele’s detention was lawful as the DSS had got an order of an FCT Chief Magistrate Court to keep the suspended CBN governor in custody pending conclusion of investigation.
The lawyer urged the court to dismiss the suit and award a fine against Emefiele.
The DSS had on June 9 arrested Emefiele in Lagos, shortly after President Bola Tinubu suspended him from office and ordered a probe of the CBN.
While the government has not stated the specific allegations against Emefiele and the DSS has “enjoined” the media “to apply utmost caution in the reportage and narratives concerning this,” Emefiele’s trouble may not be unconnected with the controversial naira redesign policy, leading to cash crisis ahead of the last general elections.
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In the fundamental rights suit filed by the suspended CBN helmsman to challenge his detention, he listed the Attorney General of the Federation, the Director General of the DSS and the DSS as defendants.
In response to the suit, the AGF office, through its lawyer, Tijjani Ghazali (SAN), similarly filed a preliminary objection, challenging the jurisdiction of the court to hear the matter.
Ghazali, at the Tuesday proceedings, told Justice Muazu that Emefiele’s arrest and detention by the DSS was an administrative decision of the executive arm government.
Additionally, he said that Emefiele’s claim of an illegitimate detention was unjustified because the DSS had already obtained a court order to support the custody.
As a result, he requested that the case be dismissed by the court.
Emefiele’s attorney, Daudu, maintained that the court had the authority to hear the case because the offenses mentioned against his client are state offenses that the FCT High Court could hear.
Justice Muazu postponed making a decision until July 13 after hearing from both sides.