The Abuja High Court sitting convened in Maitama, issued a directive on Thursday, instructing the Department of State Services (DSS) to release Mr. Godwin Emefiele, the suspended Governor of the Central Bank of Nigeria, from custody within a seven-day timeframe or bring him before a court for prosecution.
The court, through Justice Hamza Muazu’s ruling, concluded that the sustained detention of Emefiele without due process constituted a blatant disregard for his fundamental human rights.
Justice Muazu asserted that the Nigerian Constitution, rooted in the rule of law, inherently assumes that all actions must be carried out 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.’
However, the court took into account the evidence before it, which substantiated the existence of an order from an Abuja Chief Magistrate Court, permitting the security agency to detain Emefiele for a stipulated period of 14 days, allowing them to finalize their investigations.
In its ruling, the court found that Emefiele did not establish the illegality of his arrest, detention, and investigation, as they were conducted based on a lawful court order.
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Justice Muazu stressed that the Department of State Services (DSS), a reputable institution tasked with ensuring the internal security of the country, must carry out its operations in full compliance with the provisions outlined in the Constitution.
‘Though I am in sympathy with the Applicant (Emefiele), but 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 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 Applicant should be released on administrative bail.’
‘Consequently, I hereby male an order, directing the Respondents to within one week, charge the Applicant to court or release him on administrative bail,’ the court ruled.
The court’s ruling was rendered in response to a fundamental rights enforcement suit filed by Emefiele, who was represented by a legal team headed by Mr. Joseph Daudu, SAN, a former President of the Nigerian Bar Association (NBA).
Emefiele, who has been held in custody since June 9, filed a suit bearing the reference FCT/HC/CV/6450/23, wherein he lodged complaints against the Department of State Services (DSS) for violating his constitutional rights to liberty, freedom of movement, and fair hearing.