An Abuja High Court, in Maitama dismisses a discreetly filed application by the Department of State Services (DSS) seeking an order to extend the detention of the suspended former Governor of the Central Bank of Nigeria Mr. Godwin Emefiele.
The court dismissed the application on Thursday which sought to extend by 14 days, the days for Emefiele to be held in its custody.
The DSS sought the additional days on the grounds of discovering new evidence that relates to the matter: However, the court ruled against the application, thereby preventing the extension of Emefiele’s detention.
Background
On Tuesday, the DSS re-arrested Emefiele at the court premises after the court had granted him bail.
The DSS agents took him into custody following a physical altercation with officials of the Nigerian Correctional Service.
TheJurist had reported on his appearance in court for his arraignment and how the court granted him N20 million bail.
However, there was confrontation between the DSS operatives and prison officials regarding Emefiele’s custody shortly after the court’s proceeding.
The incident took place in front of Justice Nicholas Oweibo’s courtroom at the Federal High Court in Ikoyi, Lagos.
Read also: DSS re-arrest Emefiele after face-off with prison officers
The new application
The new application seeking to further detain Emefiele was filed before Justice Hamza Muazu of the FCT high court.
The application marked: FCT/HC/M/12105/2023, was discreetly filed by DSS lawyers for. Consideration.
However, Upon reviewing the application, Justice Muazu deemed it an abuse of the court process and found that it lacked the necessary jurisdiction to issue such order.
Citing sections 293 and 296 of the Administration of Criminal Justice Act, he said the sections explicitly grants the Magistrate Court exclusive authority to issue detention orders.
In response to the judge’s query, DSS lawyer, Victor Ejelonu applied to withdraw the matter after acknowledging the jurisdictional limitations to avoid any further legal complications.
Court`s decision
Justice Hamza Muazu in his rulling, rejected the DSS attempt to extend Emefiele’s detention in its custody.
The judge upheld the principle of due process and the appropriate jurisdiction for such matters.