Channels Television reported that in the charge, the DSS accused the ousted CBN Governor of possessing a single-barrel shotgun (JOJEFF MAGNUM 8371) without a licence.
The alleged offence is contrary to Section 4 of the Firearms Act, Cap F28 Laws of the Federation 2004, and punishable under Section 27 (1b) of the same Act.
The second count, read that Emefiele was in his possession of 123 rounds of live ammunition (Cartridges) without a licence, which is contrary to Section 8 of the Firearms Act Cap F28 Laws of the Federation 2004 and punishable under Section 27 (1)(b)(il) of the same Act.
The case is yet to be assigned to a judge, but there are indications that this will be done next week, Channels Television reported.
Emefiele was suspended as CBN governor on June 9, on the directive of President Bola Tinubu. He was arrested by the DSS in the early hours of June 10 at his Ikoyi, Lagos residence.
He has been in the custody of the DSS since June 10.
Justice Hamza Muazu, issued the order while delivering ruling in a fundamental human rights suit instituted against the Attorney General of the Federation (AGF), the DSS and others by Emefiele.
According to the judge, Emefiele has not shown that his arrest and investigation is unlawful, but noted that it is within his right to get fair hearing.
Furthermore, the judge reasoned that Emefiele cannot remain in detention without a formal charge, noting that the DSS cannot use the period of Emefiele’s detention to search for evidence against him.
Justice Muazu held that the DSS has power to carry out its constitutional duties of making arrest, detain and ensuring prevention of internal crime but however stated that such duties must be carried out within the law.
The ousted CBN Governor, had sued the Attorney General of the Federation (AGF), Director General of the DSS, seeking enforcement of his fundamental human rights to freedom of movement and dignity to human life.
Emefiele, had in the suit, stated that his arrest and detention since June 10 without valid order of court be voided and set aside.
He also demanded a compensation of N5million as exemplary damages for his alleged unlawful detention.
Barely 24 hours after the Federal Capital Territory High Court made the order, another High Court sitting in Abuja voided the arrest and detention of the former CBN Governor, by the secret police.
The court made the order, following an Originating Motion on Notice brought before it by Emefiele, against Incorporated Trustees of Forum for Accountability and Good Leadership, the Attorney General of the Federation (AGF), Economic and Financial Crimes Commission (EFCC), Inspector General of Police, State Security Service (SSS) and the Central Bank of Nigeria
The embattled former CBN boss had in the suit filed through his Counsel, Peter Abang, prayed the court to set aside and nullify his (Emefiele) arrest and detention for being illegal and a nullity in view of the subsisting judgment by another court delivered on December, 29, 2022.
Delivering Judgement, Justice Bello Kawu declared that the arrest, detention and interrogation of Emefiele, is in violation of the subsisting judgment and orders of Justice M. A. Hassan.
Consequently, Justice Kawu made an order setting aside any warrant of arrest obtained or procured by the respondents, particularly, the DSS for the arrest of Emefiele in connection with the allegations of terrorism financing, fraudulent practices, money laundering, threat to national security before any court.
The Judge also granted an injunction restraining the respondents, particularly the DSS from arresting, detaining, or interfering with Mr. Emefiele’s personal liberty and freedom of movement.
The court also ordered the DSS to forthwith release Emefiele from any arrest or detention.
Hours after the court ordered his release, the DSS, in a statement by its Spokesperson, Dr. Peter Afunanya, announced that it had charged Emefiele to court.