A High Court of the Federal Capital Territory (FCT) in Maitama has scheduled January 8 for judgment in the fundamental rights enforcement suit filed by former Central Bank of Nigeria (CBN) Governor Godwin Emefiele.
Justice Olukayode Adeniyi chose the date after lawyers to the parties in the case made their final submissions.
Justice Adeniyi said he would, along with the judgment, deliver ruling on the preliminary objections filed by all the four respondents in the suit.
Listed as respondents in the suit are: the Federal Government, the 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 upon his release by the court without preferring 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), averred that his client was detained for 151 days as against the 48 hours allowed by the Constitution.
Burkaa faulted the argument by the Federal Government and the AGF that the deponent to Emefiele’s affidavit in support of the originating summons, Dr. Okanta, never had any contact with the applicant.
He said the deposition by the respondents showed that the Federal Government held his client incommunicado.
Burkaa said the development was an enough basis for the court to enter judgment in Emefiele’s favour, adding that every Nigerian deserved the court’s protection.
He also told the court that Emefiele’s rights had been violated and that the former CBN governor was apprehensive of being arrested again, going by the antecedents of the respondents.
Lawyer to the Federal Government and the AGF, Oyin Koleosho, prayed the court to dismiss 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 averred 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 nowhere a 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, also prayed the court to dismiss the suit, arguing that it is misconceived and filed in bad fate.
