By Ayo Yusuf
Respite came in the way of the suspended Governor of the Central Bank of Nigeria, CBN, Mr. Godwin Emefiele, Thursday, when an Abuja High Court gave the Department of State Services, DSS, seven days within which to either release him from detention or charge him to court.
In a judgement delivered by Justice Hamza Muazu, the court held that Emefiele’s continued detention without trial amounted to a gross violation of his fundamental human rights.
Justice Muazu held that the Nigerian Constitution was founded on the rule of law which pre-supposed that everything must be done according to the law.
“Detention, no matter how small can amount to a breach of fundamental rights,” the court held, adding that since allegations against the embattled CBN Governor contained bailable offences, the DSS ought to grant him administrative bail, pending his prosecution.
The court however refused to agree with Emefiele that his arrest and detention was unlawful since there was evidence before it to show that there was an order from an Abuja Chief Magistrate Court that permitted the security agency to detain the suspended governor for a period of 14 days to enable it to conclude its investigations.
It therefore held that Emefiele did not establish that his arrest, detention and investigation was unlawful since it was based on a valid court order.
Describing the DSS as a reputable institution mandated to guarantee internal security of the country, Justice Muazu, said it must however conduct its operations with strict adherence to provisions of the Constitution.
“Though I am in sympathy with the Applicant (Emefiele), but my sentiment will not go far to deliver judgement by granting all the reliefs sought by the Applicant.
“The Applicant has not shown that his arrest, detention and investigation were unlawful.However, I am concerned that the application is not without merit. The Applicant is entitled to fair hearing.
“At this point, the continued detention of the Applicant cannot be justified in the absence of any charge against him.
“At the very least, justice demands that Applicant should be released on administrative bail.
“Consequently, I hereby make an order, directing the Respondents to within one week, charge the Applicant to court or release him on administrative bail,” the court held.
The judgement followed a fundamental rights enforcement suit that Mr. Emefiele filed through his team of lawyers led by a former President of the Nigerian Bar Association, NBA, Mr. Joseph Daudu, SAN.
Mr. Emefiele, who has been in detention since June 9, had in his suit marked: FCT/HC/CV/6450/23, accused the DSS of violating his constitutional rights to liberty, freedom of movement and fair hearing.
It would be recalled that President Bola Tinubu has suspended Mr. Emefiele from office with immediate effect on Friday, June 9.
This followed the ongoing investigation of his office and the planned reforms in the financial sector of the economy, according to a statement by the Director of Information, Office of the Secretary to the Government of the Federation, Willie Bassey.
According to the statement, Mr. Emefiele has been directed to immediately hand over the affairs of his office to the Deputy Governor (Operations Directorate), who will act as the CBN governor pending the conclusion of the investigation and the reforms.
Emefiele, who was appointed the apex bank’s governor on June 4, 2014, was also at the centre of a storm in January 2023 when security operatives attempted to arrest him over allegations of terrorism financing and economic crime.
Moreover, the introduction of the naira redesign policy by the Emefiele-led CBN in October 2022 also started on a controversial note as the then Minister Finance, Budget and National Planning, Zainab Ahmed, kicked against it barely 48 hours after it was announced.
Mrs. Ahmed had stated that her ministry was not consulted and she was not aware of the monetary policy.
The reaction generated tension and uncertainty and even while the Presidency explained that the policy was meant to manage inflation, combat currency counterfeiting and ransom payment, some disagree. Asiwaju Tinubu who was the APC presidential candidate at the time noted that the measure was part of the tactics by the so-called Villa cabal and supporters of Mr. Emefiele to make him lose the presidential election. This view was canvassed by the former governor of Kaduna State, Malam Nasiru El- Rufai amongst others.
The initial deadline of January 31, 2023, set by the apex bank for the old notes to cease being legal tender was moved to February 10, and later to the end of the year 2023 as the policy hit the rocks and both the old and new naira notes became inaccessible.
