In a significant legal development, a High Court of the Federal Capital Territory sitting at Maitama has rejected the fresh application filed by the Department of State Services (DSS) seeking to further detain the suspended Governor of the Central Bank of Nigeria (CBN), Mr. Godwin Emefiele, for another 14 days.
Justice Hamza Muazu, in his ruling, declared the application an abuse of the judicial process, asserting that the court lacked jurisdiction to entertain it. The DSS had argued that it uncovered new evidence that necessitated the extended detention of Emefiele to complete its ongoing investigation.
However, during the hearing, Justice Muazu raised concerns about the jurisdiction of the court to grant such an application, citing specific provisions of Sections 293 and 296 of the Administration of Criminal Justice Act, which he noted vested exclusive rights of granting such orders on the Magistrate Court. In light of this observation, the counsel representing the DSS, Mr. Victor Ejelonu, opted to withdraw the application.
The arrest of Emefiele occurred on June 10, after operatives of the DSS stormed his residence in Lagos, a day after his suspension as CBN governor by President Bola Tinubu. Emefiele was later arraigned before the Federal High Court in Lagos on charges of illegal possession of a firearm and ammunition. The court granted him bail of N20 million with one surety, ordering that he be remanded in prison custody pending the perfection of his bail conditions.
The DSS, however, re-arrested Emefiele in the court premises, leading to an altercation with a senior prison official. This fresh attempt by the DSS to further detain Emefiele has been met with criticism from legal experts, who view it as an act of intimidation against the judiciary. The court’s decision to reject the application signals the importance of upholding the rule of law and protecting the rights of individuals in the face of government actions.


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