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Emefiele: Constitutional lawyers hail judgement, want FG to show respect for rule of law by complying

By Sodiq Omolaoye, Abuja
13 July 2023   |   1:22 pm
The High Court of the Federal Capital Territory sitting in Abuja has ordered the Department of State Services (DSS) to immediately release the suspended Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, from detention.
[FILES] Central Bank of Nigeria Governor Godwin Emefiele PHOTO: Twitter/CBN

*As Abuja High Court Orders DSS To Release CBN Governor, Emefiele From Detention Within 7 Days

* Emefiele’s Detention Unjustifiable, Lawyers Say

*Celebration In Emefiele’s Home Town As News Of Abuja Court Order For His Release Hits Delta Delta State

*Ohanaeze Youths Urge President Tinubu As A Democrat To Let Their Son Go Home Now

The High Court of the Federal Capital Territory sitting in Abuja has ordered the Department of State Services (DSS) to immediately release the suspended Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, from detention.

The Presiding Judge, Justice Hamza Muazu, gave the order after hearing the arguments of all parties in the matter.

The secret police had last month said the suspended CBN Governor was in their custody. The statement came hours after they initially denied that Emefiele was “currently” not in their custody.

Emefiele, through his counsel, challenged his detention by the Department of State Services (DSS) and the denial of access to members of his family and counsel.

The counsel among others, sought an order setting aside, quashing, invalidating and nullifying the arrest, and detention of the Applicant (Mr Godwin Emefiele) for being illegal and a nullity, in view of the subsisting Orders and Judgment of the Court in Suit No: FCT/HCAGAR/CV/41/2022 delivered by the Honourable Justice M. A. Hassan on December 29, 2022.

He also sought an order setting aside, voiding, quashing, invalidating and nullifying any warrant of arrest or warrant of detention or any other order for the detention of the Applicant, obtained or procured by the Respondents (particularly the State Security Service), for the arrest, detention and or interrogation of the Applicant (Mr Godwin Emefiele) in connection with the allegations of terrorism financing, fraudulent practices, money laundering, round-tripping, a threat to national security from any other court, during the subsistence of the Orders and

Justice Hamza Muazu in his ruling on Thursday in Abuja, observed that detention no matter how short is a breach of fundamental rights but it must be determined whether detention is legal or illegal.

He noted that the applicant was entitled to a fair hearing and continued detention cannot be justified in the absence of a charge and the offences alleged are bailable.

While ruling that the applicant be released on bail, the Judge gave the respondent one week to charge the applicant to court or release him.

Reacting to the court ruling, some constitutional lawyers have hailed the judgement describing it as a victory for democracy and human rights. The lawyers in a statement by its leader, Barr. Obe A.G, urged the federal government to show respect for the rule of law by complying with the court ruling.

Similarly, the socio-cultural group, Ohanaeze Youths, has urged President Bola Ahmed Tinubu, to show that he is a true leader by directing the Department of State Services (DSS) to release Emefiele.

The socio-cultural group in a statement by its Coordinator for Judicial affairs, Nze Uzo Kalu, said that if DSS disobeys this court order and continues to illegally detain Emefiele, then it is clear that DSS wants to dent Tinubu’s rule of Law record.

The group recalled that President Tinubu in his inaugural address promised to govern according to the Nigerian constitution and the rule of law. It noted that Tinubu specifically promised that respect for the constitution and the rule of law will underpin his economic programmes.

Warning against denting the President’s record, the group urged DSS to immediately comply with the court order and release Emefiele, adding that the President should let their son come home.

Meanwhile, there was a celebration in Emefieles home town as news of the Abuja court order for his release hit Delta State.

One of the indigenes, Ogidi Emmanuel J., who reacted to the court ruling, described it as a welcomed development, saying that the illegal detention of the suspended CBN governor without proof of the crime he committed was unfair and against the rule of law.

He lamented that the DSS operatives were becoming more brazen and tyrannical in their behaviours and that Emefiele’s crime was his moves in initiating several good policies that have been beneficial to Nigerians.

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