The Federal Capital Territory (FCT) High Court in Maitama, Abuja, has ordered the State Security Service (SSS) to release a couple reportedly arrested almost two weeks ago in connection to a case involving the suspended Governor of the Central Bank of Nigeria (CBN).
It held in separate rulings delivered on Tuesday that the continued detention of Aminu Yaro, and his wife, Saadatu Yaro, by the SSS since 12 July constituted a violation of their rights.
The judge, Edward Okpe, gave the order after listening to the couple’s lawyers – Labi Lawal and Adedayo Adedeji – and reading through the affidavit with the exhibits supporting the separate ex parte applications filed on their behalf.
The lawyers had filed the suits on 18 July, about a week after the couple were arrested, with the SSS and the Attorney-General of the Federation’s office sued as the defendants.
Ruling on the ex parte applications filed on behalf of the couple on Tuesday, the judge issued “an interim order” for releasing the detainees from the SSS facility in Abuja or any other places “pending the determination” of the couple’s individual suits.
Mr Okpe granted another order restraining SSS “from arresting or administering any inhuman or degrading treatment” on the couple in the interim.
The court fixed 31 July for a hearing in both suits.
Alongside his wife, Mr Yaro, described in media reports as the Sarkin Hausawa of Lagos and Chairman of the Council of Chiefs, was arrested by the SSS at their home in Abuja in the early hours of 12 July.
It was reported that the arrest concerned investigations into a case involving Mr Emefiele—the case, according to reports by Sahara Reporters, related to forex differential fraud.
A group, Council of Arewa Chiefs in Lagos, had called for Mr Yaro’s release. It said the “friendship relationship” between Messrs Yaro and Emefiele was just like the one the suspended CBN governor kept “with many other chiefs and dignitaries all over the country and around the globe.”
Events leading to arrest
Mr Yaro’s arrest on 12 July was preceded by an invitation by the SSS two days earlier and charges filed against his wife, according to the court filings by his lawyer.
The lawyers said Mr Yaro, on 10 July, received an invitation to present himself at the SSS office in Abuja on 12 July.
According to his lawyers, Mr Yaro also understood that his wife would appear in court with respect to two separate criminal cases at the FCT High Court on the same 12 July.
One of the cases, marked FHC/ABJ/CR/103/2023, was filed against Mrs Yaro and M.A.Y Fine Fragrance Limited. The other, with number FHC/ABJ/CR/104/2023, was also instituted against Mrs Yaro and Tsami Babi Resources Limited.
Mr Yaro’s lawyers also acknowledged that he was investigated by the Economic and Financial Crimes Commission (EFCC) but found nothing incriminating him.
On the same date he received the SSS invitation, his lawyers said Mr Yaro found the scheduled appointment inconvenient. So, he immediately got his lead counsel, Joseph Daudu, a Senior Advocate of Nigeria (SAN), to write to SSS to reschedule the appointment.
But despite receiving Mr Yaro’s reply requesting the rescheduling of the appointment, the lawyers said SSS operatives on 12 July, the date on the SSS invitation, laid siege to his home in Abuja as early as 5 a.m.
“That upon entry into his residence, the applicant and his wife were immediately arrested and taken to their facility where he has since been detained,” the affidavit filed on his behalf read.
It added that no charge had been filed against him in relation to the offence he is alleged to have committed.
“That rather than charge the applicant before a competent Court of the jaw, the 1st respondent (SSS) has been embarking on a media trial against the applicant and his lovely wife making all sorts of unfounded allegations,” the affidavit added.
The suit prayed for an order releasing Mr Yaro from custody and gave an undertaking that he would submit himself for trial to the appropriate authority if he were later charged.
His wife’s suit also urged the court to order her release from custody as her children would suffer hardship if her prayer were not granted.
A lawyer in the couple’s legal team informed PREMIUM TIMES that the SSS had yet to comply with the court order as of Thursday.
Emefiele grasps with own travails
Like the couple, Mr Emefiele, who is said to be a co-suspect in the same case with them, has suffered protracted detention in SSS’ custody. But with about 45 days in custody as of Tuesday, Emefiele’s time in custody is in multiple of the couple’s.
He was arrested by the SSS in Lagos and immediately flown to Abuja on 10 June.
But he was not charged until about 35 days after his arrest and until after a court in Abuja gave the SSS an ultimatum to either release or prosecute him.
The SSS filed charges of illegal possession of firearms against Mr Emefiele on the same day the court gave its order, setting off a wave of disappointment among Nigerians who had heard the agency months earlier sensationally accuse the suspended CBN governor of much weightier terrorism and economic offences.
It finally arraigned him on the downgraded allegations of possession of firearms at the Federal High Court in Lagos on Tuesday.
But Mr Emefiele, who pleaded not guilty, was immediately re-arrested by the SSS in violation of a court order that ordered prison authorities of him pending when he would meet his bail conditions.
Before Tuesday’s development, Mr Emefiele had obtained other court orders before and since his time in detention that the SSS did not obey.
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