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The application sought a 14-day detention order for Mr. Godwin Emefiele, the suspended former Governor of the Central Bank, based on new evidence claimed to have been found by the DSS.
He questioned whether the court had the authority to grant the DSS’s request, considering the provisions of Sections 293 and 296 of the Administration of Criminal Justice Act, which confer the exclusive right to grant detention orders to the Magistrate Court.
He argued that a security agency charging someone to court cannot refuse to obey the same court’s orders.
Having been in their custody for over six weeks, they cannot continue to detain him illegally, and obtaining another magistrate order to override the High Court’s decision is not possible since the High Court lacks the jurisdiction to grant such an order.