A Federal High Court sitting in Abuja on Thursday ordered the Department of State Service (DSS) to charge the suspended Governor of the Central Bank of Nigeria (CBN), Mr Godwin Emefiele, to Court within the next one week or release him on administrative bail.
The presiding Judge Justice Hamza Muazu noted that the agency had powers to arrest and detain any person in respect of an alleged crime, however held that the agency cannot continue to keep Emefiele in custody while looking for evidence to file a charge against him.
The Judge said Emefiele’s continued detention without trial, amounted to a gross violation of his fundamental human rights. Adding 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.
“Detention, no matter how small can amount to a breach of fundamental rights. Since allegations against the embattled suspended CBN Governor contained bailable offences, the DSS ought to grant him administrative bail, pending his prosecution.
“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, the court said.
The court held that Emefiele did not establish that his arrest, detention and investigation were unlawful since it was based on a valid court order.
Justice Muazu said DSS must conduct its operations with strict adherence to provisions of the Constitution while describing the agency as a reputable institution mandated to guarantee the internal security of the country.
“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 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 male an order, directing the Respondents to within one week, charge the Applicant to court or release him on administrative bail,” the court held.
Emefiele was suspended as governor of CBN by President Bola Tinubu on June 9, to enable investigation of alleged criminal infractions against him. The DSS later arrested him in Lagos and flew him to Abuja.
He, however, approached the court to challenge the action of the DSS, arguing that his arrest and continued detention is in breach of his fundamental rights as well as an order of the Federal High Court Abuja, which last year restrained the DSS from harassing, arresting or detaining him over charges bordering on funding of terrorism, financial impropriety amongst others.