Court Declares Emefiele’s Arrest, Detention Illegal

Alex Enumah in Abuja 

Justice Bello Kawu of a High Court of the Federal Capital Territory in Apo, Abuja has declared as illegal, unlawful, null and void the continued detention of the suspended Governor of the Central Bank of Nigeria (CBN), Mr Godwin Emefiele, by the Department of State Services (DSS).

The voiding of Emefiele’s detention by Justice Kawu came barely 24 hours after a sister court presided by Justice Hamza Muazu had ordered the DSS to within seven days charge Emefiele to court over his alleged crimes or set him free.

Besides nullifying the action of the agency, Justice Kawu also ordered the DSS to comply with a previous decision of the court restraining it from harassing, arresting and detaining Emefiele over charges for which the court had already decided on.

He issued the order in a short ruling while responding to a fresh suit brought by the suspended CBN governor challenging his continued incarceration by the DSS.

Emefiele was arrested on June 10 over allegations bordering on economic sabotage and threat to national security amongst others and has since remained in the custody of the DSS.

He was arrested and detained shortly after his suspension by President Bola Tinubu on June 9, to pave the way for an investigation into criminal offences he was alleged to have committed as CBN governor.

Displeased by the action of the federal government, Emefiele had dragged the DSS and five others before the FCT High Court.

The Incorporated Trustees Forum for Accountability and Good Leadership, the Attorney General of the Federation, the Economic and Financial Commission (EFCC), Inspector General of Police, State Security Service and the CBN are first to sixth respondents in the suit filed on his behalf by his lawyer, Mr Peter Abang.

In the suit dated June 20 but filed June 22, the plaintiff submitted that his arrest and subsequent detention by the DSS was in violation of the orders of court as issued by Justice M. A. Hassan of the FCT High Court.

Emefiele in the originating motion on notice marked CV/6588/2023, is praying the court for an order setting aside, quashing, invalidating and nullifying his arrest and detention for being illegal and a nullity in view of the subsisting judgment of Justice M. A. Hassan delivered on December 29, 2022.

Besides, he prayed the court for an order setting aside, voiding, quashing, invalidating and nullifying any warrant of arrest obtained or procured by the respondents, especially the DSS for his arrest, detention and/or interrogation in connection with the allegations of terrorism financing, fraudulent practices, money laundering, round tripping, threat to national security before or from any court since the date of the judgment of Justice M. A. Hassan.

Emefiele in addition asked for an order of injunction restraining the respondents, particularly the DSS from arresting, detaining, further detaining or proceeding against, breaching or interfering with his personal liberty and freedom of movement or taking any other steps against him in connection with any allegations of terrorism financing, fraudulent practices, money laundering, round tripping, threat to national security before or from any court since the date of the judgment of Justice M. A. Hassan.

However, when the matter came up on Friday, the court directed the plaintiff to seek for the enforcement of the judgment of Justice Hassan barring the security agency from arresting him.

In his reaction to the judgment, Emefiele’s counsel told newsmen that beyond the release of his client, Nigerians must celebrate the fact that Nigerian judges despite several acts of intimidation by security agencies and some unfavourable conditions under which they work are bold to dispense justice not minding whose ox is gored.

He called on the DSS to immediately comply with the orders of the court and release his client so that he can go and look after his failing health aggravated by over a month of illegal and unlawful arrest and detention.