A Federal Capital Territory High Court will ship judgment within the enforcement of a elementary rights go well with filed by a former Central Bank of Nigeria Governor, Godwin Emefiele, on January 8, 2024.
Following his extended detention, Emefiele had dragged the Federal Government, Attorney-General of the Federation, Executive Chairman, Economic and Financial Crimes Commission, and the fee earlier than the courtroom to implement his elementary rights to life, private liberty, honest listening to, and freedom of motion.
He additionally sought a declaration of the courtroom that his continued detention by the company of the primary and second respondents since June 10, 2023, and subsequent switch to the custody of the third and fourth respondents on October 26, 2023, with out being arraigned in courtroom is illegal.
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Similarly, he prayed the courtroom to order the respondents to pay N1bn as damages for the violation of his elementary rights.
He, nonetheless, requested the courtroom to restrain the respondents from additional arresting and or detaining him upon his launch by the courtroom with out preferring a legal cost towards him.
At the resumed listening to on Monday, counsel for Emefiele, Mathew Burkaa SAN, informed the courtroom that the previous CBN governor was detained for 151 days opposite to the regulation.
He due to this fact urged the courtroom to enter judgment and award damages in his consumer’s favour.
Burkaa acknowledged that the assertion of the primary and second respondents difficult the authority of the deponent to Emefiele’s affidavit in help of the originating summons confirmed extra.
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He mentioned that the deponent, Dr Okanta Emefiele, by no means had any assembly with the applicant to make the deposition confirmed that the Federal Government held him incommunicado.
According to him, this was sufficient foundation for the courtroom to enter judgment in Emefiele’s favour, submitting that each Nigerian deserved the courtroom’s safety.
He additional prayed to the courtroom that Emefiele’s rights had been violated and he was apprehensive of being additional arrested going by the actions of the respondents.
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Responding, counsel for the primary and second respondents, Oyin Koleosho, SAN urged the courtroom to dismiss the go well with for missing in advantage.
He submitted that the federal government’s opposition to the go well with was based mostly on the authority and the supply of knowledge of the deponent to the affidavit in help of the originating summons.
According to him, Emefiele was transferred to the custody of EFCC on October 26, whereas the applying was filed on October 31.
He added that in that interval there was no contact or communication between Emefiele and the deponent.
He additional submitted that in Emefiele’s go well with, there was no reference made to the time, date, and venue the place the applicant and the deponent met.
He submitted that this rendered the deposition incompetent.
Counsel for the third and fourth respondents, Farouk Abdullah, prayed the courtroom to dismiss the go well with for being misconceived and introduced in dangerous destiny.
He knowledgeable the courtroom that Emefiele was dropped at the EFCC custody on October 26 and the fee obtained an order on October 27 to remand the applicant for 14 days.
He mentioned whereas he wouldn’t trivialise the actions of the Federal Government, there have been completely different ministries, departments, and companies with completely different mandates.
According to him, Emefiele in his originating summons made sure allegations through which he alleged some infractions had been made by the Department of State Service.
He added that the DSS should have been introduced into the go well with.
Justice Olukayode Adeniyi after listening to the counse arguments mounted January 8 for judgment.