In a landmark ruling on Thursday, an Abuja High Court at Maitama directed the Department of State Services (DSS) to release Mr. Godwin Emefiele, the suspended Governor of the Central Bank of Nigeria (CBN), within seven days or present him before the court. The judgment was delivered by Justice Hamza Muazu, who stated that Emefiele’s continued detention without trial constituted a serious violation of his fundamental human rights.
Justice Muazu emphasized that the Nigerian Constitution is built on the principle of the rule of law, which mandates that all actions be carried out in accordance with legal provisions. The court held that any form of detention, regardless of its duration, could constitute a breach of fundamental rights. Furthermore, since the allegations against Emefiele involved bailable offenses, the DSS should have granted him administrative bail while awaiting prosecution.
However, the court acknowledged the existence of evidence indicating an order from an Abuja Chief Magistrate Court, permitting the security agency to detain Emefiele for 14 days to conclude its investigations. Justice Muazu stated that Emefiele had failed to prove that his arrest, detention, and investigation were unlawful since they were based on a valid court order.
Justice Muazu acknowledged the importance of the DSS as a reputable institution entrusted with ensuring internal security in the country. However, he stressed the need for the agency to strictly adhere to constitutional provisions in carrying out its operations. While sympathetic to Emefiele’s plight, the court refrained from granting all the reliefs sought by the applicant.
The court ruled that although Emefiele’s arrest, detention, and investigation were not deemed unlawful, the continued detention without any formal charges was unjustifiable. Justice Muazu emphasized that the applicant was entitled to fair hearing and ordered the respondents to either charge Emefiele to court within one week or release him on administrative bail.
The judgment came in response to a fundamental rights enforcement suit filed by Emefiele, represented by a team of lawyers led by former President of the Nigerian Bar Association, Mr. Joseph Daudu, SAN. Emefiele had been in detention since June 9, and his suit (FCT/HC/CV/6450/23) accused the DSS of violating his constitutional rights to liberty, freedom of movement, and fair hearing.
This ruling marks an important development in the legal proceedings surrounding Emefiele’s case, as the court seeks to uphold the principles of justice and ensure the protection of fundamental rights.
Comments are closed.