In a significant legal development, another Abuja High Court has ruled that the arrest and detention of the Suspended Central Bank Governor, Mr. Godwin Emefiele, by the Department of State Services (DSS) is in violation of existing judgments and orders issued by Justice M. A. Hassan. Justice Bello Kawu, delivering the judgment, declared that the actions taken against Mr. Emefiele were illegal and null and void.
The court case was brought by Mr. Emefiele through his Counsel, Peter Abang, who sought the court’s intervention to set aside the arrest and detention, citing the existence of a previous court judgment delivered on December 29, 2022. The judgment by Justice Kawu also included an order nullifying any warrant of arrest obtained by the respondents, specifically the DSS, pertaining to the allegations of terrorism financing, fraudulent practices, money laundering, and threats to national security.
Furthermore, the court issued an injunction restraining the respondents, particularly the DSS, from arresting, detaining, or infringing upon Mr. Emefiele’s personal liberty and freedom of movement. Finally, the court granted an order mandating the DSS to immediately release Mr. Emefiele from any form of arrest or detention.
Also, on Thursday, a federal capital territory high court also addressed the matter, ordering the DSS to bring charges against Mr. Emefiele in court if there are any criminal allegations against him. The presiding judge, Hamza Muazu, further stated that if Mr. Emefiele is not taken to a competent court within one week, he should be released on bail.
To provide some background, President Bola Tinubu had suspended Mr. Emefiele on June 9, instructing him to transfer his responsibilities to the Deputy Governor, Folashodun Adebisi Shonubi, within that period. Subsequently, the DSS announced that Mr. Emefiele was under its custody for investigative reasons.
In response, Mr. Emefiele, represented by his lawyer Joseph Daudu, filed a suit against the DSS and the attorney-general of the federation (AGF), seeking the protection of his fundamental human rights. The DSS contested the court’s jurisdiction to hear the case, citing a standing order from a chief magistrate court authorizing Mr. Emefiele’s detention.
In delivering the judgment, Judge Muazu emphasized that the continued detention of Mr. Emefiele without trial constituted a flagrant violation of his fundamental human rights.
Now, questions arise as to whether the arrest of Mr. Emefiele by the Department of State Services is an attempt by the President to punish him for the cash crunch experienced during the election period. This is particularly concerning as the DSS has not brought any charges against him but has kept him in detention, thereby infringing upon his human rights.
Furthermore, critics have questioned the fairness of Mr. Emefiele’s arrest, contending that all his actions were endorsed by former President Buhari, suggesting that Buhari should also face prosecution. Some have even challenged Tinubu to arrest the chairman of the Independent National Electoral Commission (INEC) due to alleged irregularities in the elections.
We would like to hear your opinions on the court’s ruling regarding Emefiele. As the saying goes, “Vox Populi Vox Dei” – the voice of the people is the voice of God.
