Abuja Court Declares Emefiele’s Continued Detention Illegal

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), Godwin Emefiele by the Department of State Service (DSS).
Justice Kawu made the declaration on Friday in a short ruling while responding to a fresh suit brought by Emefiele challenging his incarceration by the DSS.

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

In the judgement, upon a Motion on Notice brought before the Court by Emefiele, against Incorporated Trustees of Forum for Accountability and Good Leadership, the Attorney General of the Federation (AGF), Economic and Financial Crimes Commission (EFCC), Inspector General of Police, DSS and the Central Bank of Nigeria, the presiding Judge held that the arrest, detention and interrogation of Emefiele were in violation of the subsisting judgement and orders of Justice M. A. Hassan in Suit No. FCT/HC/GAR/CV/41/2022.

Emefiele, through his Counsel, Peter Abang, had asked the court to set aside, quash, invalidate and nullify the arrest and detention of the Applicant for being illegal and a nullity in view of the subsisting judgement of Justice M. A. Hassan delivered on December 29, 2022.

Justice Kawu also made an order setting aside, voiding, quashing, invalidating and nullifying any warrant of arrest obtained or procured by the respondents, especially the DSS for the arrest, detention and/or interrogation of Emefiele 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 judgement of Justice M. A. Hassan.

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.

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 Motion on Notice marked CV/6588/2023, prayed for an order setting aside, quashing, invalidating and nullifying his arrest and detention for being illegal and a nullity in view of the subsisting judgement of Justice M. A. Hassan delivered on December 29, 2022.
Besides, he prayed 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 judgement 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 judgement of Justice M. A. Hassan.

In his reaction to yesterday’s judgement, counsel to Emefiele, Abang, told newsmen that beyond the release of his client, that 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 one month of illegal and unlawful arrest and detention.

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

His arrest and detention came shortly after he was suspended by President Tinubu on June 9, “to pave the way for his investigation” for alleged criminal offences.

Alex Enumah in Abuja

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