August 23, (THEWILL) – A Federal Capital Territory (FCT) High Court has struck out two separate fundamental rights enforcement suits filed against the Attorney General of the Federation (AGF) and the Department of State Services (DSS) by two siblings of the suspended Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele.
George Emefiele and Okanta Emefiele, who are siblings of the apex bank chief, had filed two separate ex-parte motions marked: FCT/HC/CV/7050/2023 and FCT/HC/CV/7051/2023, seeking an order of the Court to enforce their fundamental rights to freedom of movement among others.
Listed as respondents in both suits are the DSS and the Attorney General of the Federation (AGF).
In a supportive affidavit, one of the applicants argued that because of his “Relationship with Mr. Godwin Emefiele, he reasonably believes that the 1st respondent is taking steps to infringe on his fundamental human right and that of other family members by arresting and detaining the applicant.
“The applicant has not committed any offence that will warrant any invitation to the office of the 1st respondent or detention by the 1st respondent.
“The applicant knows for a fact that it is not a crime to be associated with a suspect, who is under investigation or being investigated by the 1st respondent.
“The applicant reasonably believes that his fundamental human right is about to be infringed by the respondents in respect of the purported ongoing investigation of Mr. Godwin Emefiele.
”They want the court to, among others, issue an order of perpetual injunction restraining the SSS from inviting, intimidating, harassing, and arresting or detaining them in relation “to matters or body of matters, which relates to the ongoing investigation of Mr. Godwin Emefiele and/or matters outside the constitutional and statutory mandate of the 1st respondent.”
At the resumed hearing of the cases on Wednesday, counsel for the applicants, Grace Ehusani, informed the court that the applicants separately filed a notice of discontinuance of the case.
While not opposing the application, counsel for the DSS, Ibrahim Awo, and that of the AGF, Maimuma Lami-Sheru, urged the court to dismiss the suits. They also asked for a substantial cost of N2 million against the applicants in favour of the respondents.
In his bench ruling, Justice Emmanuel Okpe, a vacation judge, struck out the cases and ordered that no cost should be paid by the applicants.
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