The Federal Capital Territory High Court has fixed July 13 to hear a suit filed by the suspended Governor of the Central Bank of Nigeria (CBN), Mr. Godwin Emefiele, in which he is challenging the powers of the Department of State Security Services (DSS) to arrest and keep him in its custody.
Emefiele’s suit is in enforcement of his fundamental human rights under the constitution of the Federal Republic of Nigeria.
The Attorney General of the Federation, the Director General of the State Security Service, and the State Security Service are listed as the first through third respondents in the lawsuit.
In the course of the proceedings, the AGF’s attorney, Tijjani Ghazali SAN, informed the court that the first respondent is contesting the court’s authority to hear the applicant’s case.
He claimed that the DSS’s decision to arrest and detain Emefiele was made administratively and that the applicant’s request for relief would define the DSS’s jurisdiction.
Additionally, he argued that the CBN governor is being detained per the directive of an FCT Chief Magistrate Court, refuting the claim of wrongful detention.
As a result, he requested that the application be denied by the court.
On his part, the second and third respondents, represented by counsel I. Awo, informed the court that there was a subsisting order to detain the applicant, and therefore urged the court to dismiss the application with cost.
However, counsel for Emefiele, Joseph Daudu (SAN) argued that the offences listed against Emefiele are State offences that could be entertained by the FCT High Court.
He contended that, contrary to the preliminary objection raised against the originating summons on notice by the respondents, the court has the jurisdiction to entertain the matter.
On June 16, the court ordered Yusuf Bichi, the Director General of the Department of State Services, to allow Emefiele access to his attorneys and family.
The order was made on Friday by Justice Hamza Muazu of the FCT High Court, who also highlighted that Emefiele’s access to his family and lawyers constitute a constitutional right.
After being suspended by President Bola Tinubu, Emefiele was taken into custody by the DSS.