A high court of the Federal Capital Territory on Thursday issued a one-week ultimatum to the Department of State Security Service to either charge the detained suspended Governor of the Central Bank of Nigeria, Godwin Emefiele to Court or release him.
Justice Hamza Muazu gave the order while delivering a ruling in a fundamental human rights suit instituted against the DSS and others by Emefiele.
Justice Muazu held that the DSS has the power to carry out its constitutional duties of making arrests, detaining, and ensuring the prevention of internal crime.
However, he maintained that such duties must be carried out within the ambit of the law.
He said that the arrest power of the DSS was not beyond the stipulated conditions under which a Nigerian citizen must be held and for how long.
Recall that on June 10, the DSS arrested the governor of the apex bank shortly after President Bola Tinubu suspended him from office and ordered a probe of the CBN.
In the suit, filed through his lawyer, Joseph Daudu (SAN), before the Federal Capital Territory High Court, Abuja, Emefiele is alleging a violation of his human rights.
Joined as respondents in the suit are the Attorney General of the Federation; the Director General of the DSS and the DSS, who have filed preliminary objections, challenging the jurisdiction of the court to entertain the case and urging that the suit be dismissed.
At the June 20 proceeding in the case, the DSS, through its counsel, I. Awo, told Justice Hamza Muazu that Emefiele’s detention was lawful as the DSS had got an order of an FCT Chief Magistrates’Court to keep him in custody pending conclusion of investigation.
On his part, counsel for the AGF, Tijjani Ghazali (SAN), argued that Emefiele’s arrest and detention by the DSS was an administrative decision of the executive arm of government and urged the court not to interfere.
However, Emefiele’s lawyer, Daudu, disagreed with them, insisting that the suit had merit.
Justice Muazu adjourned till today to rule on whether or not he has jurisdiction to hear the case and consider Emefiele’s prayers.
Details later…
