Hours after Judge’s Directive, DSS Announces Charging Emefiele to Court 

* Court says its wrong for agency to keep suspended CBN governor while searching for evidence

Alex Enumah in Abuja

Few hours after Justice Adamu Muazu of the High Court of the Federal Capital Territory (FCT) ordered the Department of State Service (DSS) to charge the suspended Governor of the Central Bank of Nigeria (CBN), Mr. Godwin Emefiele to court within the next one week or release him on administrative bail, the DSS announced that it has charged Emefiele, to court.

An Abuja High Court yesterday ordered that Emefiele be charged to court within seven days or be set free.

In response to the development, a statement issued yesterday, by the Spokesman of DSS, Peter Afunanya, said the agency charged Emefiele to court in compliance with an Abuja High Court order.

“Sequel to an Abuja High Court Order of today, 13th July, 2023, the Department of State Services (DSS) hereby confirms that Mr Godwin Emefiele has been charged  to court in compliance with the Order.

“The public may recall that the Service had, in 2022, applied for a court order to detain him in respect of a criminal investigation. 

“Though he obtained a restraining order from an FCT High Court, the service, however, arrested him in June, 2023, on the strength of suspected fresh criminal infractions/information, one of which forms the basis for his current prosecution”, he said. 

The agency assured the public of “professionalism, justice and fairness in handling this matter and indeed the discharge of its duties within the confines of the law”.

Earlier, Justice Muazu Who noted that the agency has powers to arrest and detain any person in respect of an alleged crime however, held that the agency cannot continue to keep Emefiele in custody while looking for evidence to file a charge against him.

He gave the order while delivering judgment in a fundamental rights enforcement suit filed by Emefiele, challenging his continued detention by the government.

Emefiele was suspended as governor of CBN by President Bola Tinubu on June 9, to enable investigation of alleged huge criminal infractions against him. Barely few hours of his suspension, that DSS had laid siege at his Lagos residence and arrest him on June 10 in a commando style and subsequently flew him to Abuja on a private jet.

He however, approached the court to challenge the action of the DSS, arguing that his arrest and continued detention was in breach of his fundamental rights as well as an order of the Federal High Court Abuja, which last year restrained the DSS from harassing, arresting or detaining him over charges bordering on funding of terrorism, financial improprieties amongst others.

Respondents in the suit filed by his lawyer, Chief Joseph Daudu, were the Attorney General of the Federation, the Director General of the DSS and the DSS as 1st, 2nd and 3rd respondents respectively.

Amongst the reliefs he sought from the court; are a declaration that his arrest and detention on June 10, without any other of court violates his right as well as the provisions of the law; a declaration that the DSS disobeyed the order of Justice John Stoho of the Federal High Court, Abuja restraining the agency from harassing, arresting or detaining him over trump up charges; an order for his immediate unconditional or release or bail on self-recognisance or liberal terms amongst others.

Besides, he also prayed the court to order the DSS pay him the sum of N500 million as compensation for damages suffered as a result of his continued detention as well as another order restraining the DSS from further, harassing or detaining him.

In an affidavit deposed to in support of the suit, Emefiele stated unless the court intervenes his continued detention apart from breaching his right to freedom of movement amongst others is affecting his health, adding that he is being detained in a deplorable condition that can even lead to his death.

Responding, while the AGF challenged the jurisdiction of the FCT high court to entertain the suit on grounds that the alleged offences the suspended governor is being detained are the exclusive of the Federal High Court, the DSS submitted that Emefiele is not held illegally.

The respondents further argued that they did not violate the order of the Federal High Court because the current charge on which Emefiele is being held is different.

They urged the court to dismiss the suit for being frivolous, speculative and lacking in merit.

But, Emefiele’s lawyer, argued that contrary to the preliminary objection raised by the respondents against the suit, the court has the jurisdiction to entertain the matter.

According to him, the offences listed against the suspended CBN governor are state offences that could be entertained by the FCT High Court.

Delivering judgment in the suit on Thursday, Justice Muazu while observing that fundamental rights suits are suis generis, held that Section 46 (1)2) of the Constitution clothed the court with necessary jurisdiction to hear cases of rights violations.

Going into the merit of the suit, Justice Muazu held that “the case of the applicant succeed partially”.

According to the court, the DSS in the course of its lawful duties can arrest and detain anyone over any alleged infractions, adding that for such arrest and detention to be lawful it must be done in full compliance with the law.

He held that from the evidence before him, the DSS have not violated the law as evidence before him showed that Emefiele is being detained on the valid orders of a court, adding that the offences for which he is being detained is different from the ones of the Federal High Court.

The judge however stated that detention no matter how short is a breach of fundamental rights of an individual and it must be determined whether it is legal or illegal.

The court in addition said that the DSS cannot keep a defendant indefinitely without charging them to court over any alleged infractions of the law.

He held that, “it is completely wrong” for the DSS keep people in detention while they continue to look for evidence.

“I therefore make an order that the applicant be charged to court within one week or be granted administrative bail”.

Speaking with journalists shortly after the judgment was delivered, Emefiele’s lawyer, urged the new administration of President Bola Tinubu to demonstrate respect for the Rule of Law by ensuring that the order of the court regarding Emefiele was obeyed.

Daudu, reminded Tinubu that he has been an advocate of the Rule of Law over the years and should continue to do so now that he is in power.