Breaking: Court gives DSS 7 days to release Emefiele

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 detention or charge him with a crime within seven days.

Emefiele’s continued detention without charge constituted a grave violation 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 ruled, adding that the DSS should grant administrative bail to the embattled suspended CBN Governor pending his prosecution because the allegations against him contained crimes that could result in bail.

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, detention, and investigation were illegal because they were conducted in accordance with a valid court order.

Justice Muazu described the DSS as a reputable institution tasked with ensuring the nation’s internal security and demanded that it carry out its duties strictly in accordance with the Constitution.

“Although I sympathize with the applicant (Emefiele), I cannot deliver judgment by granting all of the reliefs requested by the applicant due to my sentiments.

“The applicant has not established that his detention, arrest, or investigation were unlawful.”

“However, the application does have some merit, which worries me. The applicant has a right to a fair trial.

“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 released on administrative bail.

The court stated, “Therefore, I hereby make an order, directing the Respondents to charge the Applicant to court within one week or release him on administrative bail.”

The ruling came as a result of a lawsuit for the enforcement of fundamental rights that Emefiele filed through his legal team, which was led by Mr. Joseph Daudu, SAN, a former president of the Nigerian Bar Association, or NBA.

Emefiele, who has been detained since June 9, accused the DSS of violating his constitutional rights to liberty, freedom of movement, and a fair trial in his lawsuit, which was filed under the number FCT/HC/CV/6450/23.