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From Godwin Tsa, and Molly Kilete Abuja
A High Court of the Federal Capital Territory (FCT) has slammed a seven-day ultimatum to the Department of the State Security Service (DSS) to release the suspended Governor of the Central Bank of Nigeria (CBN) Godwin Emefiele from its custody or charge him to court.
The judgment of the court was sequel to a fundamental rights enforcement suit that Emefiele filed through his legal team led by a former President of the Nigerian Bar Association, NBA, Mr. Joseph Daudu, SAN.
In his suit marked FCT/HC/CV/6450/23, Emefiele, who has been in detention since June 9, accused the DSS of violating his constitutional rights to liberty, freedom of movement and fair hearing.
He demanded from the respondents a compensation of N5m as exemplary damages for his unlawful detention.
In his judgment yesterday, Justice Hamza Muazu held that although the DSS has powers to make arrest, detain and ensure the prevention of internal crime, however, such powers must be exercised within the ambit of relevant laws. The judge noted that the arrest powers donated to the DSS by the 1999 Constitution was not at large as there exists stipulation conditions under which a Nigerian citizen must be held and for how long.
He stated that the nation’s constitu was founded on the rule of law which he said pre-supposed that everything must be done according to the law.
Meanwhile,the DSS has said that it has complied with order by the Court, to charge Emefiele to Court.
DSS Public Relations Officer, Mr. Peter Afunanya, in a statement, yesterday ,said, “sequel to an Abuja High Court Order of 13th July, 2023, the DSS, hereby confirms that Mr Godwin Emefiele has been charged to court in compliance with the Order.
“The public may recall that the Service had, in 2022, applied for a Court Order to detain him in respect of a criminal investigation. Though he obtained a restraining order from an FCT High Court, the Service, however, arrested him in June, 2023, on the strength of suspected fresh criminal infractions/information, one of which forms the basis for his current prosecution.
“The Service assures the public of professionalism, justice and fairness in handling this matter and indeed the discharge of its duties within the confines of the law.
Nevertheless, the court, said that 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, Justice Muazu, said it must conduct its operations with strict adherence to provisions of the Constitution.
“Though I am in sympathy with the Applicant (Emefiele), but my sentiment will not go far to deliver judgement 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 court held.
