The Department of State Service (DSS) has been asked to file charges against the suspended Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, or release him on bail.
The Federal High Court sitting in Abuja gave the order on Thursday.
This came after the court sat on the case on its jurisdiction to hear the suit filed by Emefiele challenging his arrest and detention by the DSS.
During the hearing, Emefiele’s counsel insisted it was necessary that the DSS filed charges against Emefiele within one week or release him on administrative bail.
Original Jurisdiction
In line with the request, Justice H. Muazu gave the order/
Also he held that the FCT High Court had original jurisdiction to preside over issues bordering on fundamental human rights.
On June 9, 2023, President Bola Tinubu suspended Emefiele as the CBN Governor, paving the way for his arrest and subsequent detention by the DSS.
However, the counsel to the suspended CBN governor, Joseph Daudu (SAN), in the suit before the court, alleged a violation of his client’s 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.
Lawful Detention
The DSS, through its counsel, I. Awo had on June 20 told Justice Hamza Muazu that Emefiele’s detention was lawful.
This is as the DSS received an order from an FCT Chief Magistrates Court to keep him in custody pending the conclusion of an investigation.
While the 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, asking the court to stay clear.
The Ultimatum
Disagreeing with them, Emefiele’s lawyer maintained that the suit had merit.
However, after listening to the arguments on Thursday, the court gave the DSS seven days to charge Emefiele or release him from detention.
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In reaction, Emefiele’s lawyer expressed optimism that his client would be freed today.
To him, the DSS can’t keep him in custody while investigations are going on.
