Court To Rule on Emefiele’s Request For Release From DSS Custody July 13

Justice Hamza Muazu of a High Court of the Federal Capital Territory (FCT) would, on July I3 2023, deliver his ruling in the enforcement of fundamental rights suit filed by the suspended Governor of the Central Bank of Nigeria (CBN), Mr. Godwin Emefiele.

Justice Muazu fixed the date on Tuesday, shortly after listening to submissions made by parties in the matter.

Emefiele has been in custody of the Department of the State Service (DSS) since June 9, 2023, after he was arrested by operatives of the DSS in Lagos, some hours after he was suspended by President Bola Tinubu.

His lawyer, Chief Joseph Daudu SAN, had argued that contrary to the preliminary objection raised against the originating summons on notice by the respondents, the court has the jurisdiction to entertain the matter.

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

However, Counsel to the Attorney-General of the Federation, Tijjani Ghazali, informed the court that the first respondent was challenging the jurisdiction of the court to hear the case brought before it by the applicant. He said Emefiele’s arrest and detention by the DSS was an administrative decision of an arm of the executive. He added that jurisdiction is determined by the reliefs sought by an applicant.

He, therefore, urged the court to dismiss the application, submitting that the allegation of unlawful detention was unfounded as the embattled CBN governor was being detained on the order of an FCT Chief Magistrate Court.

On his part, the second and third respondents counsel, Mr. I. Awo, informed the court that there was a subsisting order to detain the applicant and therefore urged the court to dismiss the application with cost.

However, after listening to arguments of counsel, Justice Muazu announced that the ruling is fixed for July 13.

Alex Enumah in Abuja

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