On Thursday, an Abuja High Court sitting in Maitama ordered the Department of State Services, DSS, to either release suspended Central Bank of Nigeria, CBN, Governor Mr. Godwin Emefiele from jail or charge him with a crime within seven days.
Emefiele’s continuing arrest without charge constituted a grave breach of his fundamental human rights, the court ruled in a decision written by Justice Hamza Muazu.
According to Justice Muazu, the foundation of the Nigerian Constitution is the rule of law, which presumes that everything 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 offenses, the DSS ought to grant him administrative bail, pending his prosecution.
However, the court declared that there was proof on hand that a Chief Magistrate Court in Abuja had issued an order allowing the security agency to hold Emefiele for 14 days in order to complete its investigations.
It was decided that Emefiele had not proven that his arrest, custody, and investigation were illegal because they were conducted in accordance with a legitimate court order.
Justice Muazu described the DSS as a renowned organization tasked with ensuring the nation’s internal security and demanded that it carry out its duties strictly in accordance with the Constitution.
“Though I am in sympathy with the Applicant (Emefiele), my sentiment will not go far to deliver judgment 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 Applicants 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 held.
The judgment followed a fundamental rights enforcement suit that Emefiele filed through his team of lawyers led by a former President of the Nigerian Bar Association, NBA, Mr. Joseph Daudu, SAN.
Emefiele, who has been in detention since June 9, had in his suit marked: FCT/HC/CV/6450/23, accused the DSS of violating his constitutional rights to liberty, freedom of movement and fair hearing.
