A Federal High Court sitting in Abuja has ordered the Department of the State Security Service (DSS) to release the embattled and suspended governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, or formally charge him in court.
In a ruling delivered on Thursday, Justice Hamza Muazu issued a one-week ultimatum to the Secret Police to either charge the detained suspended CBN Governor in Court or set him free.
The court gave the order during the hearing in the fundamental human rights suit filed by Emefiele to challenge his arrest and detention by the Department of State Services.
Justice Muazu said Emefiele has not shown that his arrest and investigation are unlawful but noted that it is within his right to get a fair hearing.
He further stated that the suspended CBN governor cannot remain in detention without a formal charge, adding that the DSS cannot use the period of Emefiele’s detention to search for evidence against him.
The court held that the DSS has the power to carry out its constitutional duties of making arrests, detaining, and ensuring the prevention of internal crime but, however, said that such duties must be carried out within the ambit of the law.
Emefiele had sued the Attorney General of the Federation, AGF, and the Director General of the DSS, seeking enforcement of his fundamental human rights to freedom of movement and dignity in human life.
In the suit, the suspended CBN Governor applied for his arrest and detention since June 10 without a valid court order to be voided and set aside.
Emefiele also demanded compensation of N5 million as exemplary damages for his alleged unlawful detention.
Recall that the embattled CBN Governor was suspended on June 9 by President Tinubu and was subsequently arrested by operatives of the DSS in the early hours of June 10 at his Ikoyi residence in Lagos.