Emefiele vs DSS: Court judgement, triumph of law, says NHRC

A member of the governing board of the National Human Rights Commission (NHRC), Barrister Jideani C, has described the ruling of Justice M.A Hassan ordering the Department of State Service, (DSS) from arresting, detaining or inviting the Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, over allegations on terrorism financing and economic crimes, has continued to generate reactions in the polity as triumph of the law.

Justice M. A. Hassan, while ruling on the application filed by the DSS against the CBN Governor, had dismissed it for lack of evidence, and thus ordered the DSS, Inspector General of Police and others not to trample on the fundamental right of Emefiele by arresting or detaining him.

Reacting to the judgement, Jideani cautioned the DSS and other related security services against disobeying the court order.

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He said: “Chief Justice John Tosho of the Federal High Court and Honourable Justice M.A. Hassan of the High Court of the FCT, deserves commendation for the expeditious manner in the handling of this application.

“This is what human rights activists and indeed the Nigerian Bar Association (NBA) have been clamouring for. It should be recalled that the Federal High Court in Abuja, had earlier refused to grant the SSS an Order to authorize the arrest and detention of Mr. Godwin Emefiele for 60 days in the first instance.

“Unlike the application by the SSS which was ex parte and in the absence of Mr Emefiele, the court heard the application of the civil society group Forum for Accountability and Good Leadership — in the presence of all the parties represented by counsel and expeditiously disposed of the matter.

“It is the sacred responsibility of the Courts to enforce the fundamental Rights guaranteed to citizens by the Constitution, and the judiciary cannot shirk its sacred responsibility to the nation to maintain the rule of law.

“The SSS is a creation of the law and should be subject to the laws of the land, Mr Godwin Emefiele is not above the law, but he should not be placed below the law either, His fundamental rights have been protected by the Courts and the SSS should obey and respect the decisions of the court.”