Release Emefiele or charge him to court within 7 days — FCT Court

The Department of State Services (DSS) has been given seven days to release the suspended Governor of the Central Bank of Nigeria (CBN), Mr Godwin Emefiele, from detention or charge him to court, an Abuja High Court sitting in Maitama ruled on Thursday.

In a judgment delivered by Justice Hamza Muazu, the court said Emefiele’s continued detention without trial, amounted to a gross violation of his fundamental human rights.

Muazu held that the Nigerian Constitution was founded on the rule of law which, he said, pre-supposed that everything must be done according to the law.

“Detention, no matter how small can amount to a breach of fundamental rights,” the court held.

It said since allegations against the embattled suspended CBN Governor contained bailable offences, the DSS ought to grant him administrative bail, pending his prosecution.

The court, however, said there was evidence before it to show that there was an order from an Abuja Chief Magistrate Court that permitted the security agency to detain Emefiele for a period of 14 days to enable it to conclude its investigations.

It held that Emefiele did not establish that his arrest, detention and investigation was unlawful since it was based on a valid court order.

Describing the DSS as a reputable institution mandated to guarantee internal security of the country, Muazu, said it must conduct its operations with strict adherence to the provisions of the Constitution.

“Though I am in sympathy with the Applicant (Emefiele), but my sentiment will not go far to deliver judgment 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 judge said.

Persecondnews reports that the judgment followed a fundamental rights enforcement suit that Emefiele filed through his team of lawyers led by a former President of the Nigerian Bar Association (NBA), Mr. Joseph Daudu (SAN).

Emefiele, who has been in detention since June 9, had in his suit accused the DSS of violating his constitutional rights to liberty, freedom of movement and fair hearing.