An Abuja High Court ordered the DSS to release CBN Governor, Mr Godwin Emefiele, within 7 days or charge him to court.
The court, led by Justice Muazu, held that Emefiele’s prolonged detention without trial violated his human rights. Justice Muazu emphasised the importance of the rule of law in the Nigerian Constitution. The court stated that even small detentions can violate basic rights. Since the suspended CBN Governor’s allegations were bailable, the DSS should release him on administrative bail until his prosecution.
However, the court stated that evidence proved the existence of an order from an Abuja Chief Magistrate Court allowing the security agency to detain Emefiele for 14 days to complete investigations. The court concluded that Emefiele failed to prove the illegality of his arrest, detention, and investigation, as they were authorised by a valid court order. The DSS is mandated to ensure internal security but must follow the Constitution.
I sympathise with the Applicant (Emefiele), but I can’t grant all the reliefs sought since it hasn’t been proven that their arrest, detention, and investigation were unlawful. I’m concerned that the application has some merit and that the Applicant deserves a fair hearing. The applicant’s continued detention without any charges is unjustified. Justice requires release on administrative bail at a minimum.
The court ordered the Respondents to charge the Applicant to court or release him on bail within one week, as per the judgement in the fundamental rights suit filed by Emefiele. Emefiele, detained since June 9, filed suit against the DSS for violating constitutional rights.
