AHigh Court of the Federal Capital Territory (FCT) in Maitama has scheduled January 8, 2024, for judgment in the fundamental rights enforcement suit by former governor of the Central Bank of Nigeria (CBN), Godwin Emefiele.
Justice Olukayode Adeniyi chose the date on Monday after lawyers to parties in the case made their final submissions.
Justice Adeniyi said he will, along with the judgment, deliver ruling on the preliminary objections filed by all the four respondents in the suit, marked: FCT/HC/CV/040/2023.
Listed, as respondents int the suit, are Federal Government; Attorney-General of the Federation (AGF); the Economic and Financial Crimes Commission (EFCC) and its Executive Chairman.
Emefiele is praying the court for among others, an injunction restraining the respondents from further arresting and or further detaining him up on his release by the court without proffering a criminal charge against him.
He also sought damages of N1 billion in his favour for the violation of his fundamental rights.
On Monday, Emefiele’s lawyer, Mathew Burkaa (SAN) noted that his client was detained for 151 days as against the 48 hours allowed by the Constitution.
Burkaa faulted that argument by the Fed Govt and the AGF that the deponent to Emefiele’s affidavit in support of the originating summons, Dr Okanta never had contact with the applicant.
He said the position by the respondents showed that the Federal Government held his client incommunicado.
Burkaa said the development was enough basis for the court to enter judgment in Emefiele’s favour, adding that every Nigerian deserved the court’s protection.
He further told the court that Emefiele’s rights had been violated and the former Governor of the CBN was apprehensive of being further arrested going by the antecedents of the respondents.
Burkaa noted that Emefiele’s further harassment by agents of the respondents, may eventually affect Emefiele’s life.
He urged the court to grant his client’s prayers and award damages in his favour.
Lawyer to the Fed Govt and the AGF, Oyin Koleosho prayed the court to dismissed the suit for lacking in merit.
Koleosho said his clients’ opposition to the suit was based on the authority and the source of information of the deponent to the affidavit in support of the originating application.
He noted that Emefiele was transferred to the custody of EFCC on October 26, while the application was filed on October 31, saying that between that period there was no contact or communication between Emefiele and the deponent.
Koleosho, a lawyer from the Federal Ministry of Justice, added that in Emefiele’s further and better affidavit, there was no where reference was made to the time, date and venue where the applicant and the deponent met, submitting that this rendered the deposition incompetent.
Lawyer to the EFCC and its Chairman, Farouk Abdullah equally prayed the court to dismiss the suit, arguing that it is misconceived and filed in bad fate.
Abdullah told that court that Emefiele was brought to EFCC custody on October 26 and the commission obtained a remand order on October 27 to detain him for 14 days.
The EFCC lawyer said while he would not trivialise the activities of the Fed Govt, there were different ministries, departments and agencies with different mandates.
Abdullah noted that Emefiele, in his originating application, claimed that some infractions were committed by the Department of State Services (DSS) and that the DSS ought to have been made a party to the case.
Court Sets January 8 For Judgment In Emefiele’s Fundamental Rights Suit
