The Federal Capital Territory High Court sitting in Maitama, Abuja has ordered the Director General of the State Security Service, and the State Security Service to file charges against the suspended governor of the Central Bank of Nigeria, Godwin Emefiele or he should be released.
Delivering a ruling in the fundamental rights enforcement suit instituted by Emefiele against SSS, Justice Hamza Muazu held that the detention of the plaintiff is unconstitutional and a violation of his rights.
The judge noted that SSS can not hold a suspect while searching for evidence.
Justice Muazu held that the DSS has power to carry out it’s Constitutional duties of making arrest, detain and ensuring prevention of internal crime but however said that such duties must be carried out within the ambit of the law.
He said that the arrest power of DSS was not at large as the law stipulated conditions under which a Nigerian citizen must be held and for how long.
Emefiele had dragged the Attorney General of the Federation AGF, Director General DSS and DSS seeking enforcement of his fundermrntal human rights to freedom of movement and dignity to human life.
In the suit instituted on his behalf by a Senior Advocate of Nigeria SAN, Joseph Daudu, 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.