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, prayed 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.
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.