The Department of State Services, on Tuesday, urged the Federal Capital Territory’s High Court in Abuja to reject the fundamental rights lawsuit brought by Godwin Emefiele, the suspended and jailed governor of the Central Bank of Nigeria.
Through his attorney, J.B. Daudu, Emefiele filed the lawsuit to request his release and claim that the DSS had been holding him against the law.
But the DSS, through its counsel, I. Awo, filed a preliminary objection in opposition to the suit.
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Awo, on Tuesday, told Justice Hamza Muazu that Emefiele’s detention was lawful as the DSS had got an order of an FCT Chief Magistrate Court to keep the suspended CBN governor in custody pending conclusion of investigation.
The lawyer urged the court to dismiss the suit and award a fine against Emefiele.
He added that the suspended CBN boss was arrested “upon reasonable suspicion of committing acts which constitute a criminal breach of trust, incitement to violence, criminal misappropriation of public fund, economic sabotage, economic crimes of national security dimension and undermining the security of the Federal Republic of Nigeria.”
The counter-affidavit by the service reads in part: “Upon the arrest of the applicant, a detention order was duly and promptly procured from a court of competent jurisdiction to enable the 2nd and 3rd respondents to keep the applicant in lawful custody for a period of 14 days when it became apparent that investigation into the allegations levelled against him would take a little while to conclude.
“Also, the arrest of the applicant is not in connection with his financial or monetary policies, including the recent re-design of the naira which was approved by His Excellency, the former president of the Federal Republic of Nigeria.
“The applicant is still being investigated and as soon as the investigation is completed, the applicant will be immediately charged to court where necessary.
“The applicant has enormous resources at his disposal and can easily interfere with an ongoing investigation and even evade subsequent arrest if released on bail.
“The applicant is a flight risk and there is credible intelligence that he making a frantic effort to flee the country if released prematurely on bail.
“The investigation has assumed a wider dimension and other collaborators fingered in the course of the investigation are at large and ought to be traced and arrested to enable a successful prosecution.”
Awo, therefore, urged the court to dismiss the suit with cost.
But Emefiele’s lawyer, Joseph Daudu (SAN), argued that the court has the jurisdiction to hear and determine the suit.
Daudu pointed out that the alleged offences listed against his client were state offences that could be tried by the High Court of the FCT.
After entertaining arguments from parties, Justice Hamza Muazu adjourned till July 13 for a ruling.
