A High Court in Abuja, on Thursday, has ordered the Department of State Services, DSS, to within one week, release the suspended Governor of the Central Bank of Nigeria, CBN, Mr. Godwin Emefiele, from detention or charge him to court.
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.
Justice Hamza Muazu gave the order while delivering a ruling in a fundamental human rights suit instituted against the DSS and others by Emefiele.
“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.
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.
“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.
