In a groundbreaking judgement delivered by Justice Hamza Muazu at the Abuja High Court, the Department of State Services (DSS) has been instructed to release the suspended Governor of the Central Bank of Nigeria (CBN), Mr. Godwin Emefiele, from detention within seven days or bring him before the court to face charges.
Justice Muazu emphasized that the continued detention of Mr. Emefiele without trial constituted a grave violation of his fundamental human rights.
The ruling highlighted that the Nigerian Constitution is based on the principle of the rule of law, which dictates that all actions must adhere to legal processes.
The court further affirmed that any form of detention, regardless of its duration, can be considered a breach of fundamental rights.
Since the allegations against the suspended CBN Governor were deemed bailable offenses, Justice Muazu asserted that the DSS should have granted Mr. Emefiele administrative bail while awaiting prosecution.
Nevertheless, the court acknowledged the existence of evidence indicating that an Abuja Chief Magistrate Court had issued an order permitting the DSS to detain Emefiele for a period of 14 days to conclude its investigations.
Consequently, it concluded that Mr. Emefiele failed to demonstrate that his arrest, detention, and investigation were unlawful, given that they were based on a valid court order.
Justice Muazu recognized the DSS as a reputable institution entrusted with maintaining internal security in the country. However, he emphasized the necessity for strict adherence to constitutional provisions in the agency’s operations.
While expressing sympathy for Mr. Emefiele, the court refrained from granting all the reliefs sought by the applicant, considering the absence of proof that his arrest and detention were unlawful.
Nonetheless, Justice Muazu highlighted the merit of Mr. Emefiele’s application, emphasizing the need for fair hearing.
He deemed the continued detention of the applicant unjustifiable in the absence of any formal charges against him. Consequently,
the court issued an order directing the respondents to either charge Mr. Emefiele to court or release him on administrative bail within one week.
The judgement was rendered in response to a fundamental rights enforcement suit filed by Mr. Emefiele and his legal team, led by Mr. Joseph Daudu, SAN, a former President of the Nigerian Bar Association (NBA).
The suit, marked FCT/HC/CV/6450/23, accused the DSS of violating Mr. Emefiele’s constitutional rights to liberty, freedom of movement, and fair hearing.
