…his detention is lawful – AGF, DSS
The detained suspended governor of Central Bank of Nigeria (CBN), Mr Godwin Emefiele, will on July 13 know his fate over his detention in the custody of the Directorate of State Services, DSS.
Emefiele, on Tuesday, dragged the DSS before the Federal Capital Territory High Court in Abuja, challenging his detention.
In his originating motion on notice, Emefiele is praying for the court to enforce his right to liberty and freedom of movement, as there is no basis for his continuous detention.
Recall that about two weeks ago, President Bola Tinubu suspended Emefiele from office as the apex banker and was subsequently arrested by the DSS.
Since his arrest, he had been kept incommunicado by the secret service.
He approached a High Court of the Federal Capital Territory, through his lawyer, Chief Joesph Daudu, SAN, to secure an order to allow him access to his family members and lawyers, which the court granted last week.
However, after listening to Counsels in the matter on Tuesday, the Court fixed July 13 for ruling.
During the proceedings, counsel for the Attorney General of the Federation (AGF), Tijjani Ghazali SAN, informed the court that the first respondent is challenging the jurisdiction of the court to entertain the case brought before it by the applicant.
He stated that the originating motion filed by Mr. Emefiele ought to have sought that the court set aside the order for his detention rather than seek enforcement of rights.
The DSS, on its part, is also challenging the motion for bail filed by Mr Emefiele.
AGF, and DSS insist detention is lawful.
Also, the AGF as well as the DSS have insisted that the detention of the suspended CBN Governor is lawful.
In a preliminary objection filed against the fundamental rights enforcement suit instituted by Emefiele, the Attorney General of the Federation (AGF) and the DSS told the Federal Capital Territory High Court that the detention was backed by the order of a magistrates’ court and prayed for the court to dismiss the motion with cost.
They noted that the arrest of the former CBN governor was an administrative decision of the DSS.
However, counsel for Emefiele, Joseph Daudu, SAN, argued that the offenses listed against Emefiele are state offenses that could be entertained by the FCT High Court.
He contended that, contrary to the preliminary objection raised against the originating summons on notice by the respondents, the court has the jurisdiction to entertain the matter.
Court fixes July 13 for ruling
Consequently, the court fixed July 13 for the ruling on the enforcement of a fundamental rights suit filed by Emefiele.
Justice Hamza Muazu fixed the date after listening to submissions made by parties in the case.
Listed as 1st to 3rd respondents in the suit are the Attorney General of the Federation, the Director General of the State Security Service, and the State Security Service.
