Court Rules on Emefiele’s Request for Release from DSS’ Custody…

Justice Hamza Muazu of a High Court of the Federal Capital Territory (FCT) will on July 23 deliver his ruling in the enforcement of fundamental rights suit filed by the suspended Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, on July 13.

Justice Muazu fixed the date on Tuesday, shortly after listening to submissions made by parties in the matter.

Emefiele has been in the custody of the Department of the State Services (DSS) over two weeks ago, after been arrested by the operatives of the DSS in Lagos, some hours after he was suspended by President Bola Tinubu.

His lawyer, Chief Joseph Daudu (SAN), had argued 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.

According to him, the offences listed against the suspended CBN governor are state offences that could be entertained by the FCT High Court.

The counsel to the Attorney-General of the Federation, Tijjani Ghazali (SAN), informed the court that the first respondent is challenging the jurisdiction of the court to hear the case brought before it by the applicant.

He said Emefiele’s arrest and detention by the DSS is an administrative decision of an arm of the executive, adding that jurisdiction is determined by the reliefs sought by an applicant.

He therefore urged the court to dismiss the application, submitting that the allegation of unlawful detention is unfounded as the embattled CBN governor is being detained on the order of an FCT Chief Magistrate Court.

On his part, the second and third respondents’ counsel, Mr 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, after listening to arguments of the counsel, Justice Muazu announced that ruling is fixed for July 13.