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A Federal Capital Territory High Court has ordered the Department of State Services (DSS) to either charge the detained suspended Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, to court or release him within one week.
Justice Hamza Muazu gave the order on Friday while delivering a ruling in a fundamental human rights suit instituted against the DSS and others by Emefiele.
The judge said Emefiele has not shown that his arrest and investigation is unlawful, but noted that it is within his right to get a fair hearing.
Justice Muazu further stated that the suspended CBN governor cannot remain in detention without a formal charge, adding also that the DSS cannot use the period of Emefiele's detention to search for evidence against him.
Justice Muazu 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 law.
Emefiele 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.
In the suit, the suspended CBN Governor had applied that his arrest and detention since June 10 without valid order of court be voided and set aside.
Emefiele demanded compensation of N5 million as exemplary damages for his alleged unlawful detention.
He was suspended as CBN governor on June 9 and arrested in the early hours of June 10 at his Ikoyi, Lagos home.
Shortly after President Bola Tinubu suspended him, the DSS had on June 10 arrested the apex bank governor who has been in detention since then.
The court's order is a major victory for Emefiele, who has been fighting to secure his release since his arrest. The order also sets a precedent for other Nigerians who have been detained by the DSS without charge.
The DSS has not yet commented on the court's order. However, it is expected to comply with the order and either charge Emefiele to court or release him within one week.
The court's order is a welcome development for Emefiele and his supporters. It is a sign that the law is still on the side of those who have been wrongfully detained. It is also a reminder to the DSS that it must respect the rights of Nigerians even when it is investigating them.
