Detention: Emefiele Sues AGF, DSS; Court to Rule on Right Enforcement July 13

The suspended Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, has approached the Federal Capital Territory High Court in Abuja, to challenge his continued detention by the Department of State Services (DSS).

In the fundamental rights enforcement suit filed through his counsel, Joseph Daudu, SAN, in which, the Attorney General of the Federation (AGF), the Director of DSS and the State Security Service, were cited as respondents, Emefiele is praying for the court to enforce his right to liberty and freedom of movement, insisting that there is no basis for his continuous detention.

However, the respondents filed a preliminary objection to challenge the jurisdiction of the court to entertain the suit filed by Emefiele.

Arguing the preliminary objection suit, counsel for the AGF, Tijjani Ghazali SAN, submitted  that Emefiele’s detention was backed by the order of a magistrates’ court.

Besides, he noted that the arrest of the former CBN governor was an administrative decision of the DSS and therefore lawful.

He therefore urged the court to dismiss the originating motion brought before it by Emefiele.

Similarly, counsel for the DSS Director and the the State Security Service (2nd and 3rd respondents), I. Awo, also challenged the jurisdiction of the court to entertain the suit and drew the attention of the court to a subsisting order to detain the applicant (Emefiele).

He argued that the originating motion filed by Emefiele ought to have sought the order of the court setting aside the subsisting order for his detention rather than seek the enforcement of rights.

He also urged the court to dismiss the application with costs.

However, counsel for Emefiele, Joseph Daudu, SAN, submitted that the offences listed against the former Governor of CBN, are state offences that the FCT High Court has the jurisdiction to entertain.

He urged the court to dismiss the preliminary objection to the suit.

Justice Hamza Muazu, after hearing the arguments of counsels, adjourned the matter till July 13 for ruling.

President Bola Tinubu had on June 10, suspended Emefiele from office, citing an ongoing investigation of his office and the planned reforms in the financial sector of the economy. The embattled expelled CBN boss was subsequently arrested and detained by the DSS.

Meanwhile, the DSS has insisted that at no time, Emefiele was denied access to his family and lawyers.

The DSS spokesman, Dr Peter Afunanya, said the recent report of a court order to allow Emefiele’s lawyers and family access to him was quite unnecessary, as according to him, he was never denied access to them.

“Ever since he was taken into custody, his family has continually accessed him. Same with medical officials. The impression that the Service is going to act on the prompting of the Court is not correct”, Afunanya added.