The Federal Capital Territory High Court of Justice sitting at Maitama, on Thursday, refused a fresh application brought by the Department of State Services, DSS, seeking an order to further detain the suspended Governor of the Central Bank of Nigeria, CBN, Mr. Godwin Emefiele, for another 14 days.
Justice Hamza Muazu who the fresh application was brought for his hearing ruled that the application constituted an abuse of the judicial process, adding that the high court had no jurisdiction to entertain it.
Recall that DSS operatives on Monday re -arrested Emefiele after a scuffle with Correctional Centre officials at the Federal High Court in Ikoyi Lagos despite the fact that the court had admitted him to N20m bail.
The secret security agency, in Abuja on Thursday in a fresh application marked: FCT/HC/M/12105/2023, told the FCT high court that it uncovered a fresh evidence that would require it to further retain the suspended governor of the apex bank in its custody.
DSS, therefore, prayed the court to allow it to hold Emefiele in its custody for another 14 days, to give room for the conclusion of its ongoing investigation.
However, when the case was called up for hearing, Justice Muazu asked the counsel that represented the agency, Mr. Victor Ejelonu, to address him on whether the court has the requisite jurisdiction to grant the application, in view of provisions of Sections 293 and 296 of the Administration of Criminal Justice Act.
Justice Muazu pointed out that the said provisions vested exclusive rights of granting such application on the Magistrate Court.
Following the observation of the judge who maintained that the high court lacked the jurisdiction to grant the order, counsel to the DSS, Mr. Ejelonu, applied and withdrew it.
Emefiele was first arrested by DSS operatives on June 10, when they stormed his Ikoyi residence in Lagos .Same day he was flew to Abuja and he had been in their custody.
The arrest came a day after Emefiele was suspended as the governor of the CBN by President Bola Tinubu.
It took a team of senior lawyers led by Joseph Daudu SAN strenuous efforts to obtain an order compelling the agency to arraign Emefiele in Court.
The embattled CBN boss was arraigned before the Federal High Court in Lagos on a two-count charge of illegal possession of a firearm and ammunition on Wednesday.
He denied the charges and upon the hearing of bail application the court granted Emefiele bail to the tune of N20million with one surety in the like sum.
Specifically, trial court judge Nicolas Oweibo ordered that the defendant should be remanded in prison custody, pending the perfection of his bail conditions.
He was not allowed to go as he was re -arrested by DSS in the court premises, in an operation that led its operatives to violently manhandle a senior prison official.