Unlawful detention: Charge Emefiele to court or release him, Judge orders DSS

By Vivian Okejeme Abuja

The Federal Capital Territory FCT High Court, sitting in Maitama has issued a one week ultimatum to the Department of the State Security Service (DSS) to either charge the detained suspended Governor of the Central Bank of Nigeria (CBN) Godwin Emefiele to court or release him.
Emefiele had dragged the Attorney General of the Federation AGF, Director General DSS and DSS seeking enforcement of his fundermental human rights to freedom of movement and dignity to human life.
The presiding judge, Justice Hamza Muazu held that the secret police has power to carry out it’s Constitutional duties of making arrest, detain and ensuring prevention of internal crime only, within the ambit of the law.
Further in the judgement, the court explained that the law has a stipulated how long under which a Nigerian citizen must be held, adding that the arress power of the DSS was not at large.
The suspended CBN Governor, had through his counsel Joseph Dauda, SAN, applied that his arrest and detention since June 10 without valid order of court be voided and set aside.
Emefiele demanded a compensation of N5million as exemplary damages for his alleged unlawful detention.
At the last adjourned date, the Respondent, the Attorney -General of the Federation (AGF)had in their preliminary objection raised against the originating summons on notice by Emefiele said that the court lacks jurisdiction to entertain the matter.
However, at the resumed trial, counsel to Emefiele, Joseph Daudu, SAN, argued the court has the jurisdiction to entertain the matter, adding that the offences listed against Emefiele are state offences that could be entertained by the FCT High Court.
The AGF, through it’s counsel, Tijjani Ghazali SAN, explained that Emefiele’s arrest and detention by the DSS is an administrative decision of an arm of the executive.
Ghazali insisted that the unlawful detention of the right suit is unfunded, adding that Emefiele was detained on the order of the FCT Chief Magistrate court.
He therefore, urged the court to dismiss the application.
On his part, the second and third respondents counsel, I. Awo informed the court that there was a subsisting order to detain the applicant and therefore urged the court to dismiss the application with cost.