A High Court in the FCT on Thursday struck out an application filed by the Department of State Services (DSS) to secure an order to further detain the suspended former Governor of the Central Bank, Godwin Emefiele for a further 14 days.
The DSS had in an application told the court that the agency has uncovered fresh evidence that warrants the request for the order.
The application which was marked FCT/HC/M/12105/2023 and heard by Justice Hamza Muazu was quietly filed yesterday by the lawyers from the agency and came up before the vacation judge today.
Justice Muazu struck out the application for being an abuse of court process and for want in jurisdiction.
When the judge questioned counsel to the DSS, Victor Ejelonu, on the court’s jurisdiction in view of the provisions of Sections 293 and 296 of the Administration of Criminal Justice Act which vests exclusive rights on the Magistrates’ Court to grant detention order, the counsel withdrew the prayer.
However, after listening to the argument canvassed by the DSS, for the grant of same, Justice Muazu struck it out for being an abuse of court process and for lack of competent jurisdiction.
BRANDPOWER reports that Emefiele, was on Tuesday granted bail in the sum of N20 million with one surety in like sum by the Federal High Court in Lagos State.
He was granted bail after pleading not guilty to the two counts bordering on the alleged illegal possession of firearms and ammunition.
Emefiele is facing two counts of illegal possession of firearms and ammunition preferred against him by the Federal Ministry of Justice before the vacation judge, Justice Nicholas Oweibo.
The application was an attempt by the DSS to legalize the re-arrest and detention of Emefiele after he was granted bail by the Lagos division of the Federal High Court, where he was arraigned for illegal possession of firearms.
Meanwhile, condemnation and outrage trailed the filing of the Ex-parte application by the DSS before the FCT High Court seeking an order to detain the suspended former Governor of CBN, Mr. Godwin Emefiele for a further 14 days.
This application followed the re arrest of Mr. Emefiele from the premises of the Federal High Court in Lagos by the security agency after he was remanded in the custody of the Correctional Centre pending the perfection of his bail which was granted by Justice Nicholas Oweibo
Abuja based Constitutional lawyer, Nnamdi Mba in his reaction said, “You cannot be charging someone to court yet you cannot obey the same court. What the DSS is doing is tantamount to intimidating the courts”
The Sun reports that another lawyer, C. C. Nwudo who analyzed the situation stated, “Ordinarily, when a person is brought to court and takes his plea, it is no longer the duty of the security agency that brought the defendant to court to determine where the person will be held in custody but the duty of the court.
Hence once a Defendant is granted bail, except the judge specifically mentions otherwise, the men of the Nigeria Correctional Service take custody of such person until the bail conditions are perfected.”
“In the case of Emefiele, the DSS practically abducted him from the custody of the Correctional Service and have now filed for an order seeking to further detain him for 14 days when they have held him consecutively for over six weeks and have exhausted the maximum two previous orders to detain him for 28 days.
“Except they tell a bunch of lies in their application to the judge, no judge knowing the true facts of this matter can grant them such application. I am glad to hear that the judge courageously struck out their application”
Another lawyer, Mr. Hassan Omale in his own reaction said the abduction of Emefiele by the DSS from the custody of the Nigeria Correctional Service without Court order is unlawful and outright criminal and whoever gave the order for such to happen ought to be removed from office immediately.”
With the application having been struck out by the Court, the DSS is now in a very difficult position to continue to further detain Mr. Emefiele who has been in their custody for more than six weeks. They cannot continue to hold him illegally and they cannot get another magistrate order to overrule the order of the High Court since the High Court does not have jurisdiction to grant them such order.
This is yet another judicial loss suffered by the DSS against Emefiele in a case that has been dubbed by many as persecution and personal and political vendetta.
