DSS obeys court order, charges Emefiele to court

Emefiele

The Department of Security Services (DSS) has charged Godwin Emefiele, the suspended governor of the Central Bank of Nigeria (CBN), to court.

This was revealed by Peter Afunanya, DSS spokesperson on Thursday. He noted that the charges was in obidience to an order of the court. 

Justice Hamza Muazu of the Federal Capital Territory High Court in Abuja had issued a one-week ultimatum to the Department of State Services (DSS). 

The judge ordered DSS to either bring charges against Emefiele or releases him from detention.

Background

On June 9,2023, Emefiele was suspended by President Bola Tinubu from his position as the CBN Governor and in the early hours of June 10, he was  arrested at his residence in Ikoyi, Lagos. 

The DSS had since then detained him in their custody which led to him filling a right enforcement suit through his lawyer. 

The suit listed the Attorney General of the Federation (AGF) and the Director General of the Department of State Services (DSS) as defendants. 

He is seeking the enforcement of his fundamental human rights, specifically the rights to freedom of movement and dignity of human life.

Emefiele asked the court to declare his arrest and detention on June 10, without a valid court order,null and void. 

He  also sought compensation of N5 million as exemplary damages for his alleged unlawful detention.

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The statement

Part of the statement reads “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.”

Court`s decision

Ruling on the application, Justice Muazu stated that Emefiele had not demonstrated that his arrest and investigation were illegal. 

However, he emphasised that Emefiele is entitled to fair hearing as part of his rights.

Emefiele cannot be held in detention indefinitely without a formal charge according to the judge. 

He said the DSS is not permitted to utilise the duration of Emefiele’s detention to gather evidence against him.

The judge acknowledged that the Department of State Services (DSS) possesses the authority to fulfil its constitutional responsibilities, which include making arrests, detaining individuals, and ensuring internal crime prevention.

He said however, these duties must be carried out in accordance with the law.

Consequently, he issued a one-week ultimatum to the DSS to either charge Emefiele to court or set him free.

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