The Federal Capital Territory High Court has issued an order to the Department of State Services (DSS) regarding Godwin Emefiele, the suspended governor of the Central Bank of Nigeria (CBN).
The court instructed the DSS to bring forward any criminal allegations they may have against Emefiele and present him before a competent court.
Presiding over the case, Judge Hamza Muazu declared that if Emefiele is not taken to court within one week, he should be released on bail. This decision comes after President Bola Tinubu suspended Emefiele on June 9 and directed him to transfer his responsibilities to Folashodun Adebisi Shonubi, the deputy governor of the operations directorate.
The DSS had previously announced that Emefiele was in their custody for investigative reasons. In response, Emefiele, through his lawyer Joseph Daudu, filed a lawsuit against the DSS and the Attorney-General of the Federation (AGF), seeking the enforcement of his fundamental human rights.
During the court proceedings, Tijjani Ghazali, counsel to the AGF, argued that the court lacked jurisdiction to hear the case brought by Emefiele. He stated that Emefiele's arrest and detention by the DSS were administrative decisions made by an executive branch of the government. The DSS also challenged the court's jurisdiction, citing a standing order from a chief magistrate court that justified Emefiele's detention.
In his ruling on Thursday, July 13, 2023, Judge Muazu acknowledged that Emefiele's prolonged detention without trial constituted a severe violation of his fundamental human rights. However, he noted that Emefiele had failed to prove that his arrest, detention, and investigation were unlawful, as they were based on a valid court order.
Judge Muazu expressed sympathy for Emefiele but stated that his personal sentiment could not influence the judgment in granting all the reliefs sought by the applicant. Nevertheless, the judge recognised the merit of Emefiele's application, emphasising his entitlement to fair hearing.
He further highlighted that in the absence of any charges against Emefiele, his continued detention could not be justified. As a result, the court ordered the respondents to either charge Emefiele to court within one week or release him on administrative bail.