Justice Hamza Muazu of the High Court of the Federal Capital Territory (FCT) , on Tuesday, fixed July 13 for his ruling on the enforcement of a fundamental rights suit filed by the suspended Central Bank of Nigeria (CBN) Governor, Godwin Emefiele.
Justice Muazu fixed the date after listening to submissions by the parties in the case.
Emefiele had filed the suit and named the Office of the Attorney General of the Federation (OAGF), the Director General of the State Security Services , and the State Security Services (DSS) as co-respondents to the suit.
During the proceedings, lawyer to the OAGF, Tijjani Ghazali (SAN), informed the court that his client is challenging the jurisdiction of the court to hear the case brought before it by Emefiele.
He added that Emefiele’s arrest and detention by the DSS is an administrative decision of an arm of the executive and that the jurisdiction is determined by the relief sought by an applicant.
He also argued that the allegation of unlawful detention is unfounded as the embattled CBN boss is being detained on the order of an FCT Chief Magistrate Court.
Ghazali therefore he urged the court to dismiss the application.
On his part, lawyer to the DSS DG and the DSS, I. Awo, informed the court that there was a subsisting order to detain Emefiele and therefore urged the court to dismiss the application with costs.
But the lawyer to Emefiele, Mr Joseph Daudu (SAN), argued that the offences listed against Emefiele are state offences that could be entertained by the FCT High Court.
He argued that, contrary to the preliminary objection raised against the originating summons on notice by the respondents, the court has the jurisdiction to entertain the matter.
The court had on June 16 ordered the DG of the DSS, Yusuf Bichi, to grant Emefiele access to his lawyers and family.
Emefiele was arrested by the DSS on Saturday, hours after his suspension by President Bola Tinubu.
Justice Muazu, who made the order on Friday, also emphasised that access is a constitutional right of Emefiele.
The enrolled order dated June 16, 2023, reads in part, “The lawyers of the applicant shall have access to the applicant immediately. And regularly at a reasonable time, pending the determination of the application.”
The court order was sequel to an application filed by Daudu, who told the court that the DSS had failed to respond to previous letters requesting access to his client.
Both the lawyers to the DSS and OAGF requested an extension of time to file their responses to the originating motion while court granted the request and further adjourned the matter till Tuesday, June 20 for definite hearing.
