Following his prolonged detention, Emefiele had dragged the Federal Government, Attorney-General of the Federation, Executive Chairman, Economic and Financial Crimes Commission, and the commission before the court to enforce his fundamental rights to life, personal liberty, fair hearing, and freedom of movement.
He also sought a declaration of the court that his continued detention by the agency of the first and second respondents since June 10, 2023, and subsequent transfer to the custody of the third and fourth respondents on October 26, 2023, without being arraigned in court is unlawful.
Similarly, he prayed the court to order the respondents to pay N1bn as damages for the violation of his fundamental rights.
He, however, asked the court to restrain the respondents from further arresting and or detaining him upon his release by the court without preferring a criminal charge against him.
At the resumed hearing on Monday, counsel for Emefiele, Mathew Burkaa SAN, told the court that the former CBN governor was detained for 151 days contrary to the law.
He therefore urged the court to enter judgment and award damages in his client’s favour.
Burkaa stated that the assertion of the first and second respondents challenging the authority of the deponent to Emefiele’s affidavit in support of the originating summons showed more.
He said that the deponent, Dr Okanta Emefiele, never had any meeting with the applicant to make the deposition showed that the Federal Government held him incommunicado.
According to him, this was enough basis for the court to enter judgment in Emefiele’s favour, submitting that every Nigerian deserved the court’s protection.
He further prayed to the court that Emefiele’s rights had been violated and he was apprehensive of being further arrested going by the activities of the respondents.
Responding, counsel for the first and second respondents, Oyin Koleosho, SAN urged the court to dismiss the suit for lacking in merit.
He submitted that the government’s 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 summons.
According to him, Emefiele was transferred to the custody of EFCC on October 26, while the application was filed on October 31.
He added that during that period there was no contact or communication between Emefiele and the deponent.
He further submitted that in Emefiele’s suit, there was no reference made to the time, date, and venue where the applicant and the deponent met.
He submitted that this rendered the deposition incompetent.
Counsel for the third and fourth respondents, Farouk Abdullah, prayed the court to dismiss the suit for being misconceived and brought in bad fate.
He informed the court that Emefiele was brought to the EFCC custody on October 26 and the commission obtained an order on October 27 to remand the applicant for 14 days.
He said while he would not trivialise the activities of the Federal Government, there were different ministries, departments, and agencies with different mandates.
According to him, Emefiele in his originating summons made certain allegations in which he alleged some infractions were made by the Department of State Service.
He added that the DSS ought to have been brought into the suit.
Justice Olukayode Adeniyi after listening to the counse arguments fixed January 8 for judgment.
