Tunji Wusu –
A second FCT High Court ruled on Friday that the Department of State Services’ (DSS) arrest, detention, and questioning of suspended Central Bank of Nigeria (CBN) Governor Godwin Emefiele were invalid. This decision came less than 24 hours after an FCT High Court in Abuja ordered his release from custody.
The Attorney General of the Federation (AGF), Economic and Financial Crimes Commission (EFCC), Inspector General of Police, State Security Service (SSS), and the Central Bank of Nigeria were the targets of an Originating Motion on Notice brought before the court by Mr. Emefiele. The presiding judge ruled that the arrest, detention, and questioning of Emefiele were in violation of the then-current law.
Through his attorney, Mr. Peter Abang, Mr. Emefiele requested that the court annul the applicant’s arrest and imprisonment on the grounds that they were unlawful and unconstitutional in light of Justice M. A. Hassan’s ongoing ruling from December 29, 2022.
The court issued an order setting aside, voiding, quashing, invalidating, and nullifying any arrest warrant obtained or procured by the respondents, particularly the DSS, for the arrest, detention, and/or questioning of Mr. Emefiele in connection with the allegations of financing of terrorism, fraudulent practices, money laundering, round-tripping, and threat to national security before or from any court since the date of the order. This was in response to another request granted by Hon. Justice Bello Ka
Additionally, the Court granted an injunction prohibiting the Respondents, in particular the DSS, from detaining Mr. Emefiele or taking any other action against him in connection with any allegations of financing for terrorism, engaging in fraudulent activity, money laundering, round-tripping, or posing a threat to national security before or from any court since the date of the injunction.
In light of the ongoing judgment of Justice M. A. Hassan, the court ultimately granted an order of injunction directing and mandating the Respondents, particularly the DSS, to immediately release and unfetter Mr. Emefiele from any arrest, detention, custody, or interrogation with regard to allegations of terrorism financing, fraudulent practices, money laundering, round-tripping, or threat to national security.
Beyond his client’s release, Mr. Emefiele’s attorney told journalists that Nigerians should celebrate the fact that judges in that country are brave enough to administer justice without regard to whose ox is being gored, despite numerous acts of intimidation by security agencies and some unfavorable working conditions.
He urged the DSS to immediately abide by the court’s orders and free his client so that he could go take care of his deteriorating health, which had been made worse by the DSS’s illegal and unlawful arrest and incarceration of his client for more than a month.
The former CBN helmsman has now received three favorable rulings against the DSS, yet he has still been detained for more than a month.
