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From Godwin Tsa, Abuja
A High Court of the Federal Capital Territory (FCT), yesterday, reserved judgment in the fundamental rights enforcement suit filed by the suspended Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, to July 13.
Justice Hamza Muazu fixed the date after listening to submissions made by both parties for and against the suit.
Counsel to Emefiele, Joseph Daudu (SAN), had argued that contrary to the preliminary objection raised against the originating summons on notice by the respondents, the court has the jurisdiction to entertain the matter. He said the offences listed against the suspended CBN governor are state offences that could be entertained by the FCT High Court.
Counsel to the Attorney-General of the Federation, Tijjani Ghazali (SAN), informed the court that the first respondent was challenging the jurisdiction of the court to hear the case brought before it by the applicant.
He described Emefiele’s arrest and detention by the Department of State Service (DSS) as an administrative decision of an arm of the executive. He argued that jurisdiction is determined by the reliefs sought by an applicant.
He, therefore, urged the court to dismiss the application, submitting that the allegation of unlawful detention was unfounded, as the embattled CBN governor is being detained on the order of an FCT Chief Magistrate Court.
On his part, the second and third respondents counsel, I. Awo informed the court that there was a subsisting order to detain the applicant and, therefore, urged the court to dismiss the application with cost.
The court had, before now, ordered the Director General of DSS as well as the Service to immediately grant unhindered access to the lawyers and family members of the detained suspended Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, to see him.
Justice Hamza Muazu, sitting at the Maitama division of the court, made the order upon an oral application by counsel to Emefiele, Joseph Daudu (SAN), with Michael Aondoakaa (SAN) in suit marked No: FCT/HC/CV/6450/23.
Listed as respondents are the Attorney General of the Federation (AGF); the Director General of State Security Service and the State Security Service.
The enrolled order dated June 16, 2023, reads: “The lawyers of the applicant shall have access to the applicant immediately and regularly at reasonable time, pending the determination of the application.”
