The case of suspended and detained Central Bank of Nigeria Governor Godwin Emefiele, according to senior Nigerian lawyer Joseph Daudu, will be a test of President Bola Tinubu’s adherence to the law.
Emefiele’s attorney, Daudu, made this statement on Thursday, not long after the Department of State Services was given a seven-day deadline by the Federal Capital Territory High Court in Abuja to either release Emefiele, who has been held since June 10, or arraign him in court if they have a case against him.
When making a decision regarding a fundamental rights enforcement lawsuit filed by Emefiele, through Daudu, to contest his arrest and continued detention by the DSS, Justice Hamza Muazu issued the order.
Although the DSS is granted constitutional authority to make arrests, hold suspects, and stop internal crime, Justice Muazu ruled that this authority must only be used in accordance with the law.
The judge concluded as a result that Emefiele’s continued detention by the secret police without charge constituted a serious violation of his fundamental human rights.
“Detention, no matter how small, can amount to a breach of fundamental rights,” the judge declared.
According to him, the DSS should have given Emefiele administrative bail while his charges were pending because the allegations against him were crimes for which bail could be obtained.
The court, however, rejected Daudu’s claim that Emefiele’s detention was unlawful, pointing out that it was supported by a valid order from a magistrate’s court.
The judge stated that there was proof in front of the court that the DSS had been given permission to hold Emefiele for 14 days in order to complete its investigation by an order from an Abuja Chief Magistrates’ Court.
While sympathising with the applicant, Justice Muazu stated, “My sentiment will not go far enough to deliver judgement by granting all of the reliefs requested by the applicant.
“The applicant has not established that his detention, arrest, or investigation were illegal.”
“However, the application does have some merit, which worries me. A fair hearing is guaranteed for the applicant.
“At this time, the applicant’s continued detention cannot be justified because there is no formal charge pending against him.
Justice requires, at the very least, that the applicant be granted administrative bail.
As a result, the judge declared, “I hereby make an order directing the respondents to charge the applicant to court within one week or release him on administrative bail.”
After the hearing, Emefiele’s attorney spoke to the media and praised the court for its bold decision.
The President was urged to show Nigerians that, while he was president, government agencies would obey valid court orders by saying that he expected the DSS to do so.
“The DSS has been given seven days to charge him (Emefiele) to court or release him on administrative bail,” Daudu said.
As we speak, we anticipate that he will be released on administrative bail per the court’s directive today (Thursday).
“I don’t think the President would want organisations under his control disobeying court orders to begin his administration.
He took the lead in criticising the military regime for disobeying court orders. Now that he has the reins of power, we’ll watch to see if he will follow court orders.
Godwin Emefiele, the Central Bank of Nigeria’s suspended governor, has reportedly been charged with a crime, according to the DSS.
In response, the DSS said it had applied for a court order to detain Emefiele in 2022 but that he had received another order barring the DSS from making an arrest.
The suspended CBN governor was detained, according to Afunanya, for “criminal infractions” for which he was facing legal action.
The Department of State Services hereby confirms that Mr. Godwin Emefiele has been charged to court in accordance with the Order, according to the statement.
“The public might be reminded that the Service had requested a court order to detain him in connection with a criminal investigation in 2022. Despite having a restraining order issued by an FCT High Court, the Service still detained him in June 2023. This was based on alleged recent criminal violations or information, one of which served as the foundation for his current prosecution.
“The Service assures the public of professionalism, justice, and fairness in handling this matter, as well as the discharge of its duties within the parameters of the law.
