The suspended Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele on Tuesday approached the Federal Capital Territory High Court in Abuja, challenging his detention by the Department of State Services (DSS).
In his originating motion on notice, Emefiele is praying for the court to enforce his right to liberty and freedom of movement, as there is no basis for his continuous detention.
However, the Attorney General of the Federation as well as the DSS have insisted that the detention of the suspended CBN Governor is lawful.
In a preliminary objection filed against the fundamental rights enforcement suit instituted by Emefiele, the Attorney General of the Federation (AGF) and the DSS told the Federal Capital Territory High Court that the detention was backed by the order of a magistrates’ court and prayed for the court to dismiss the motion with cost.
They noted that the arrest of the former CBN Governor was an administrative decision of the DSS.
The AGF is also challenging the jurisdiction of the court to entertain the suit, as the originating motion filed by Mr. Emefiele ought to have sought that the court set aside the order for his detention rather than seek enforcement of rights.
The DSS, on its part, is also challenging the motion for bail filed by Mr Emefiele.
The High Court of the Federal Capital Territory, fixed 13 July for the ruling on the enforcement of a fundamental rights suit filed by the suspended governor of the Central Bank of Nigeria, Godwin Emefiele.
Justice Hamza Muazu fixed the date after listening to submissions made by parties in the case.
Listed as 1st to 3rd respondents in the suit are the Attorney General of the Federation, the Director General of the State Security Service, and the State Security Service.
Earlier on June 16, the court ordered the DG of the Department of State Services, Yusuf Bichi, to grant the suspended Governor of the Central Bank of Nigeria, Godwin Emefiele, access to his lawyers and family.
Emefiele was arrested by the DSS on Saturday, hours after his suspension by President Bola Tinubu.
Justice Hamza Muazu of the FCT High Court made the order on Friday, even as he emphasized that access is a constitutional right of Emefiele.
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The enrolled order dated 16 June, 2023, read: “The lawyers of the applicant shall have access to the applicant immediately. And regularly at a reasonable time, pending the determination of the application.”
The court order followed an application filed by Emefiele’s counsel, J.B. Saudi, SAN, who told the court that the DSS had failed to respond to previous letters requesting access to his client.
Both the counsel to the DSS and the office of the Attorney-General of the Federation requested an extension of time to file their responses to the originating motion.
The court granted the request and further adjourned the suit to Tuesday, 20 June, 2023, for hearing.