…By Larry John for TDPel Media.
The Abuja High Court, presided over by Justice Hamza Muazu, has issued an order to the Department of State Services (DSS) regarding the detained suspended Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele.
The order states that the DSS must either bring charges against Emefiele in court or release him from detention.
Balancing Constitutional Duties and the Rule of Law
In delivering the ruling on Thursday, Justice Muazu acknowledged the DSS’s authority to carry out its constitutional duties, including making arrests, detentions, and preventing internal crimes.
However, he emphasized that these duties must be conducted within the boundaries of the law.
Limits on Arrest Powers
The judge clarified that the arrest power of the DSS is not unlimited and must adhere to the prescribed conditions for holding a Nigerian citizen and the duration of such detention.
Emefiele’s Lawsuit for Fundamental Human Rights
Godwin Emefiele, through his legal representative, Senior Advocate of Nigeria (SAN) Joseph Daudu, had filed a fundamental human rights suit against the Attorney General of the Federation, the Director General of the DSS, and the DSS itself.
The suit sought the enforcement of Emefiele’s rights to freedom of movement and human dignity.
Voiding Unlawful Arrest and Compensation Claim
Within the lawsuit, the suspended CBN Governor requested that his arrest and detention since June 10, conducted without a valid court order, be declared null and void.
Additionally, Emefiele demanded compensation of N5 million as exemplary damages for the alleged unlawful detention he had experienced.
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