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BREAKING: Court Issues Order To DSS Over Detention Of Emefiele | READ DETAILS

Faith Ukanwa

Jul 13, 2023

BREAKING: Court Issues Order To DSS Over Detention Of Emefiele | READ DETAILS
A Federal Capital Territory High Court, Abuja, has ordered the Department of State Services (DSS) to either charge the suspended Central Bank Of Nigeria (CBN) Governor, Godwin Emefiele to court within one week or release him.

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Emefiele through his lawyer, Joseph Daudu (SAN), had filed a fundamental human rights suit before the court challenging his arrest and continued detention by the Department of State Services.

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Delivering judgement on Thursday, Justice Hamza Muazu, held that Emefiele's continued detention without trial, amounted to a gross violation of his fundamental human rights.

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"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.

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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.

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It held that Emefiele did not establish that his arrest, detention and investigation was unlawful since it was based on a valid court order.

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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.

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"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.

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"The Applicant has not shown that his arrest, detention and investigation were unlawful.

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"However, I am concerned that the application is not without merit. The Applicant is entitled to fair hearing.

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"At this point, the continued detention of the Applicant cannot be justified in the absence of any charge against him.

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"At the very least, justice demands that Applicant should be released on administrative bail.

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"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.

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Recall that shortly after President Bola Tinubu suspended him, the DSS had on June 10 arrested Emefiele who has been in detention since then.

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— Faith Ukanwa

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