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Justice Hamza Muazu of the Federal Capital Territory High Court, Abuja, has issued a one week ultimatum to the Department of the State Security Service (DSS) to either charge the detained suspended Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele to Court or set him free.

The Judge issued the order while delivering ruling in a fundamental human rights suit instituted against the DSS and others by Emefiele.

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The judge said Emefiele hasn’t shown that his arrest and investigation is unlawful, but noted that it is within his right to get fair hearing.

Justice Muazu further stated that the suspended CBN governor can’t remain in detention without a formal charge, adding also that the DSS can’t use the period of Emefiele’s detention to search for evidence against him.

Justice Muazu held that the DSS has power to carry out its constitutional duties of making arrest, detain and ensuring prevention of internal crime but however said that such duties must be carried out within the law.

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Justice Muazu held that the Nigerian Constitution was founded on the rule of law which he said 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 suspended CBN Governor contained bailable offences, the DSS ought to grant him administrative bail, pending his prosecution.

Nevertheless, the court, said that 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 Emefiele for a period of 14 days to enable it to conclude its investigations.

It held that Emefiele did not establish that his arrest, detention and investigation was unlawful since it was based on a valid court order.

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Describing the DSS as a reputable institution mandated to guarantee internal security of the country, Justice Muazu, said it must 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.

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“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.

Emefiele had sued the Attorney General of the Federation AGF, Director General of the DSS, seeking enforcement of his fundamental human rights to freedom of movement and dignity to human life.

In the suit, the suspended CBN Governor had applied that his arrest and detention since June 10 without valid order of court be voided and set aside.

Emefiele demanded a compensation of N5M as exemplary damages for his alleged unlawful detention.

He was suspended as CBN governor on 9th June and arrested in the early hours of June 10 at his Ikoyi, Lagos home.

Shortly after President Bola Tinubu suspended him, the DSS had on June 10 arrested the apex bank governor who has been in detention since then.

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