The Maitama High Court in the Federal Capital Territory denied an application submitted by the Department of State Services (DSS).
Based on new information, the DSS filed an extended 14-day detention warrant for Mr Godwin Emefiele, the suspended former Governor of the Central Bank.
The motion, filed in secret by the DSS last Thursday, was titled FCT/HC/M/12105/2023 and was heard by vacation judge Justice Hamza Muazu.
UPDATE: DSS Rearrests Emefiele After Arraignment, Bail (Video)
The judge denied the application, citing it as a misuse of the court system and exceeding his jurisdiction.
Given the requirements of Sections 293 and 296 of the Administration of Criminal Justice Act, Justice Muazu questioned the court’s jurisdiction to approve the DSS’s request.
These sections offer the Magistrate Court the only authority to issue detention orders. The DSS’s lawyer, Victor Ejelonu, dropped the application after being questioned by the judge.
Critics say the DSS’s efforts appear to be an attempt to legitimize their seizure of Mr Emefiele from the custody of the Nigeria Correctional Service in Lagos.
The public reaction to the DSS’s attempt to obtain a new detention order for Mr Emefiele has been overwhelmingly negative.
JUST IN: Suspended CBN Governor, Godwin Emefiele Arrested By DSS
In an interview with the Nigerian Tribune, Abuja-based constitutional lawyer Nnamdi Mba slammed the move, saying, “You cannot charge someone to court and then refuse to obey the same court.” What the DSS is doing is effectively intimidating the courts.”
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.
“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”
JUST IN: Emefiele Is Not In Our Custody – DSS
In his own statement, Mr. Hassan Omale stated that the DSS’s abduction of Emefiele from the custody of the Nigeria Correctional Service without a court warrant is illegal and criminal, and that whoever issued the order for such to happen should be removed from office immediately.
He said, “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 an 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 vendetta.”
Follow us on Facebook
Post Disclaimer
The opinions, beliefs and viewpoints expressed by the author and forum participants on this website do not necessarily reflect the opinions, beliefs and viewpoints of Anaedo Online or official policies of the Anaedo Online.