Justice Hamza Muazu of the FCT High Court has ordered the Department of State Services (DSS) to either arraign detained suspended Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele in court or release him within seven days.
Justice Muazu issued the ultimatum on Thursday, July 13, while ruling on a fundamental human rights suit instituted by Emefiele against the DSS and others.
In his ruling, the presiding judge held that while the DSS has powers to carry out its constitutional duties of making arrest, detention, and preventing internal crime, such duties must be carried out within the ambit of the law.
According to Justice Muazu, the DSS’ power of arrest and detention is not beyond the stipulated conditions under which a Nigerian citizen must be held and for how long.
The judge, therefore, ordered that the applicant should be released on bail if he is not charged before a competent court within one week.
Recall that President Bola Tinubu suspended Emefiele as CBN governor on June 9.
The DSS confirmed a day later that the suspended CBN governor was in their custody for “some investigative reasons”.
However, Emefiele had dragged the Attorney General of the Federation, AGF, Director General DSS and the DSS to court, seeking enforcement of his fundamental human rights to freedom of movement and dignity of human life.
In the suit instituted on his behalf by Joseph Daudu SAN, Emefiele prayed the court to void his arrest and detention since June 10, saying it was done without court order and therefore a violation of his constitutional rights.
The suspended CBN governor also demanded N5 million as exemplary damages for his alleged unlawful detention.
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