JUST IN: COURT ORDERS DSS TO RELEASE EMEFIELE WITHIN 7 DAYS
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An Abuja High Court sitting at Maitama, on Thursday, ordered the Department of State Services, DSS, to either release suspended Central Bank of Nigeria, CBN, Governor Mr. Godwin Emefiele from jail or charge him with a crime within seven days.
In a ruling by Justice Hamza Muazu, the court held that Emefiele’s continuing arrest 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 presumes that everything must be done in accordance with the law.
“Detention, no matter how small can amount to a breach of fundamental rights,” the court held, adding that since allegations against the embattled suspended CBN Governor contained bailable offences, the DSS ought to grant him administrative bail, pending his prosecution.
However, 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 was decided that Emefiele had not proven that his arrest, detention, and investigation were unlawful since they were conducted in accordance with 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.
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.
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