An Abuja High Court sitting at Maitama, has, ordered the Department of State Services, DSS, to release the suspended Governor of the Central Bank of Nigeria, CBN, Mr. Godwin Emefiele, from detention or charge him to court within seven days.
The court, in a judgement that was delivered by Justice Hamza Muazu, held that Emefiele’s continued detention without trial, amounted to a gross violation of his fundamental human rights.
Justice Muazu held that the Nigerian Constitution was founded on the rule of law which he said pre-supposed that everything must be done according to the law.
Adding that since allegations against the embattled suspended CBN Governor contained bailable offences, the DSS ought to grant him administrative bail, pending his prosecution.
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
The judgement followed a fundamental rights enforcement suit that Emefiele filed through his team of lawyers led by a former President of the Nigerian Bar Association, NBA, Mr. Joseph Daudu, SAN.
Emefiele, who has been in detention since June 9, had in his suit marked FCT/HC/CV/6450/23, accused the DSS of violating his constitutional rights to liberty, freedom of movement and fair hearing.
