On Thursday, an Abuja High Court sitting in Maitama ordered the Department of State Services, DSS, to release the suspended Governor of the Central Bank of Nigeria, Mr. Godwin Emefiele, from prison or charge him to court within seven days.
The court ruled in a decision delivered by Justice Hamza Muazu that Emefiele’s continuing incarceration without trial constituted a grave violation of his fundamental human rights.
According to Justice Muazu, the Nigerian Constitution was built on the rule of law, which implied that everything must be done 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.
Nonetheless, the court stated that there was evidence before it demonstrating that there was an order from an Abuja Chief Magistrate Court allowing the security agency to detain Emefiele for 14 days in order to complete its investigations.
The court ruled that Emefiele did not prove that his arrest, detention, and investigation were unlawful because they were based on a legitimate court order.
Justice Muazu described the DSS as a renowned organization tasked with ensuring the country’s internal security, saying it must execute its operations in strict accordance with the provisions of 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.
Emefiele, who has been detained since June 9, accused the DSS of infringing his constitutional rights to liberty, freedom of movement, and fair hearing in his action marked: FCT/HC/CV/6450/23.
Emefiele filed the fundamental rights enforcement suit with the help of a team of attorneys led by a former President of the Nigerian Bar Association, Mr. Joseph Daudu, SAN.
