Court orders DSS to release Emefiele in seven days
…We have charged him to court – DSS
Following a fundamental human rights suit instituted against the Department of State Security Services (DSS) and others by Mr. Godwin Emefiele, the High Court of the Federal Capital Territory, on Thursday issued a one-week ultimatum to the DSS to release the suspended Governor of the Central Bank of Nigeria (CBN).
The Court ruled on Thursday that the DSS could no longer hold him in custody after seven days to the ruling, or otherwise charge detained Emefiele who has been in its custody since early June to Court.
Justice Hamza Muazu gave the order while delivering a ruling in a fundamental human rights suit instituted against the DSS and others by Emefiele.
Justice Muazu held that the DSS has the power to carry out its constitutional duties of making arrests, detaining, and ensuring the prevention of internal crime, but maintained that such duties must be carried out within the ambit of the law.
However, the court ruled that although it was in sympathy with Emefiele, yet he has not shown that his arrest, detention and investigation were unlawful.
“Though I am in sympathy with the Applicant, 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 a 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 make an order, directing the respondents to within one week, charge the Applicant to court or release him on administrative bail,” the Court ruled.
Emefiele, in a fundamental rights enforcement suit, had dragged the Attorney General of the Federation, Director General of the DSS and DSS to court seeking enforcement of his rights to freedom of movement and dignity to human life.
In the suit instituted on his behalf by a Senior Advocate of Nigeria (SAN), Joseph Daudu, the suspended CBN Governor had applied that his arrest and detention since June 10 without valid order of court be voided and set aside.
Emefiele in his prayers demanded compensation of N5 million as exemplary damages for his alleged unlawful detention.
Recall that Friday, June 09, President Bola Tinubu as one of his first strike, had ordered the immediate suspension of Mr. Emefiele from office as the Governor of the CBN.
The suspension which took immediate effect was disclosed by the Director of Information, Office of the Secretary to the Government of the Federation, Willie Bassey in a statement.
He had explained that the suspension of the CBN governor was based on an ongoing investigation as well as planned reforms in the financial sector.
The Federal High Court in Abuja, had earlier summoned Emefiele, over a $53 million judgement debt arising from the Paris Club refunds.
The presiding judge, Inyang Ekwo, mandated that the Court will not hear Emefiele’s motion for stay until he appears before it.
In 2022, Emefiele reportedly was initially invited to appear before the Court on January 18, 2023, to explain his refusal to obey a valid order for payment of a $70m debt.
The CBN Governor allegedly only released $17 million, leaving $53 million in unpaid debt.
Following his suspension, the DSS on Saturday 10th June, barely 24 hours after his suspension, confirmed that Emefiele, was now in its custody.
This was made known in a statement via the agency’s Twitter handle on Saturday, June 10, 2023.
Emefiele’s suspension, arrest and detention by the DSS have not been absolved of speculations of political undertone, as it is believed from some quarters that he is suffering the brunt of the role he played on the Naira redesign policy which towards the general elections posed untoward hardship on Nigerians.
As argued from some quarters, Emefiele is believed to have used the policy as a political tool to work against prospects of President Bola Tinubu in favour of his interest, convincing immediate past President Muhammadu Buhari to give full backing to the policy despite the hardship it brought on Nigerians.
Upon inauguration,
President Tinubu who suspended Emefiele in June, had discredited the policy saying it failed to achieve meaningful purpose, while directing that both the old and new designed Naira notes would serve concurrently as legal tender.
However, barely six hours after a Federal High Court ordered the Department of State Services (DSS) to either arraign or release suspended Central Bank Governor, Godwin Emefiele, from its custody, the DSS said last night it had charged the top banker to court.
The Spokesman for the DSS, Dr. Peter Afunanya, who gave the information in a statement on Thursday night, did not however give the details of the charges levied against Emefiele or the court in which the case is pending.
Afunanya said, “Sequel to an Abuja High Court Order of today, 13th July, 2023, the Department of State Services (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,” the DSS said.
