Court voids Emefiele’s arrest, detention, orders immediate release

July 14, 2023
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Another FCT High Court sitting in Abuja has nullified the arrest, detention, and interrogation of the suspended CBN Governor Godwin Emefiele by the Department of State Services (DSS); barely 24hrs of similar judgement were delivered by another court.

In a judgment upon an Originating Motion on Notice brought before the Court by Mr Emefiele against Incorporated Trustees of Forum for Accountability and Good Leadership, the Attorney General of the Federation, Economic and Financial Crimes Commission, Inspector General of Police, State Security Service and the Central Bank of Nigeria, the presiding Judge held that the arrest, detention, and interrogation being in violation of the subsisting judgment and orders of Justice M. A. Hassan in Suit No. FCT/HC/GAR/CV/41/2022.

Mr Emefiele, through his Counsel, Mr Peter Abang, had asked the court to set aside, quash, invalidate, and nullify the arrest and detention of the Applicant for being illegal and a nullity in view of the subsisting judgment of Justice M A Hassan delivered on 29th December 2022.

In another prayer granted by Hon. Justice Bello Kawu, the Court made an order setting aside, voiding, quashing, invalidating, and nullifying any warrant of arrest obtained or procured by the respondents, especially the DSS for the arrest, detention, and/or interrogation of Mr. Emefiele in connection with the allegations of terrorism financing, fraudulent practices, money laundering, round tripping, threat to national security before or from any court since the date of the judgment of Justice M A Hassan.

Furthermore, the Court granted an injunction restraining the respondents, particularly the DSS, from arresting, detaining, further detaining or proceeding against, breaching, or interfering with Mr. Emefiele’s personal liberty and freedom of movement or taking any other steps against him in connection with any allegations of terrorism financing, fraudulent practices, money laundering, round tripping, threat to national security before or from any court since the date of the judgment of Justice M. A. Hassan.

The Court finally granted an order of injunction directing and mandating the respondents, particularly the DSS, to forthwith release and unfetter Mr Emefiele from any arrest, detention, custody, interrogation with regard to allegations of terrorism financing, fraudulent practices, money laundering, round-tripping, the threat to national security before or from any court in view of the subsisting judgment of Justice M A Hassan.

In his reaction to the judgement, Counsel to Mr Emefiele told newsmen that beyond the release of his client, Nigerians must celebrate the fact that Nigerian judges, despite several acts of intimidation by security agencies and some unfavourable conditions under which they work, are bold to dispense justice not minding whose ox is gored. He called on the DSS to immediately comply with the orders of the court and release his client so that he can go and look after his failing health, aggravated by over one month of illegal and unlawful arrest and detention.

This judgement is the third favourable judgment the former CBN helmsman is getting against the DSS yet he has remained in detention for over a month.

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