Emefiele: Court set to render judgment on fundamental rights suit on January 8

Emefiele: Court set to render judgment on fundamental rights suit on January 8

A Federal Capital Territory High Court is scheduled to render judgment in the enforcement of a fundamental rights suit filed by the former Central Bank of Nigeria Governor, Godwin Emefiele, on January 8, 2024.

Emefiele, who faced prolonged detention, brought the suit against the Federal Government, Attorney-General of the Federation, Executive Chairman of the Economic and Financial Crimes Commission (EFCC), and the commission itself.

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The lawsuit aims to enforce his fundamental rights to life, personal liberty, fair hearing, and freedom of movement.

The former CBN governor seeks a declaration from the court that his continuous detention by the EFCC, since June 10, 2023, and subsequent transfer to the custody of other respondents on October 26, 2023, without being arraigned in court, is unlawful.

He requests the court to order the respondents to pay N1 billion in damages for violating his fundamental rights.

Emefiele also requests the court to restrain the respondents from further arresting or detaining him after his release without preferring criminal charges against him.

During the recent hearing, Emefiele’s counsel, Mathew Burkaa SAN, argued that the former CBN governor was unlawfully detained for 151 days.

He urged the court to enter judgment and award damages in favor of his client, emphasizing the violation of Emefiele’s rights.

Burkaa highlighted the lack of authority and communication with the deponent to Emefiele’s affidavit, Dr. Okanta Emefiele, as evidence that the government held him incommunicado.

He asserted that these circumstances justified judgment in Emefiele’s favor, stating that every Nigerian deserved the court’s protection.

In response, counsel for the first and second respondents, Oyin Koleosho SAN, urged the court to dismiss the suit for lacking merit.

Koleosho argued that the government’s opposition was based on the authority and source of information of the deponent to the affidavit.

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Counsel for the third and fourth respondents, Farouk Abdullah, requested the dismissal of the suit, claiming it was misconceived and brought in bad faith.

He argued that Emefiele made allegations against the Department of State Service (DSS) but failed to include them in the suit.

Justice Olukayode Adeniyi fixed January 8 for judgment after considering the arguments from both sides.

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