The High Court of the Federal Capital Territory has scheduled July 13 as the date for the ruling on the enforcement of a fundamental rights lawsuit filed by Godwin Emefiele, the suspended governor of the Central Bank of Nigeria.
Justice Hamza Muazu fixed the date after considering the arguments presented by the involved parties.
The respondents in the case, listed as the Attorney General of the Federation, the Director General of the State Security Service, and the State Security Service, were present during the proceedings.
The counsel for the Attorney General of the Federation, Tijjani Ghazali SAN, informed the court that the first respondent is challenging the court’s jurisdiction to hear the applicant’s case.
Ghazali argued that Emefiele’s arrest and detention by the State Security Service (DSS) is an administrative decision made by the executive branch, and the court’s jurisdiction should be determined by the relief sought by the applicant.
Additionally, he contended that the allegation of unlawful detention is unfounded since the detained CBN boss is being held based on an order from an FCT Chief Magistrate Court.
Consequently, Ghazali urged the court to dismiss the application.
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 costs.
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.
In contrast to the preliminary objection raised by the respondents against the originating summons on notice, Emefiele’s counsel argued that the court indeed has jurisdiction to hear the matter.
Previously, on June 16, the court had issued an order instructing Yusuf Bichi, the Director General of the Department of State Services (DSS), to grant Godwin Emefiele, the suspended Governor of the Central Bank of Nigeria, access to his legal representation and family members.
Emefiele had been arrested by the DSS on the same day he was suspended by President Bola Tinubu. Justice Hamza Muazu of the FCT High Court issued the order, emphasizing that access to legal counsel and family is a constitutional right of Emefiele.
The enrolled order dated June 16, 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’s order was issued in response to an application submitted by Emefiele’s legal representative, J.B. Saudi, SAN. Saudi informed the court that the Department of State Services (DSS) had not responded to previous letters requesting access to his client.
Upon hearing this, the counsel for 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 their request and consequently adjourned the hearing of the suit to Tuesday, June 20, 2023.
