An Abuja Federal High Court presided over by Justice J.T Tsoho has declined a request by the Department of State Services to arrest the Governor of the Central Bank of Nigeria, Godwin Emefiele.
The secret police according to a court document is moving to arrest Emefiele over allegations bothering on “acts of financing terrorism, fraudulent activities and economic crimes of national security dimension.”
The DSS was said to have filed a suit suit, with reference number FHC/Abj/CS/2255/2022, on December 7, 2022, in which it requested an order to arrest the CBN governor.
Ruling on the matter, Justice Tsoho declined to grant the application for the Emefiele’s arrest on December 9, 2022.
The judge held that the DSS should have taken the court into confidence on Emefiele’s alleged activities as its standing alone on the matter is not enough to deprive him of his liberty.
The court further held that the respondent was simply identified as Godwin Emefiele without his position.
It noted further that the withholding of the position of the respondent leaves the court with the speculation whether Emefiele is the Governor of Central Bank, who occupies a sensitive position as a key driver of the nation’s economy.
The judge ruled that “Therefore, an application of this kind should have evidence of the approval of the respondent’s boss that such measures are authorized to be taken. I however do not find such measures in this instant application whereas it is a necessary procedure in the observance of the rule of law.”
The judge ruled further that Emefiele was seen on television with Mr President and it was obvious that the DSS plans to use the court “as a cover for an irregular procedure which is unacceptable.”
He ruled that if the DSS which is the applicant believes that it has sufficient evidence on the allegation against Emefiele, it could as well go ahead to arrest the CBN Governor without the requested court order.
““In the light of the foregoing reasons, I decline to grant this application ex parte. If the applicant believes that the evidence available to it so far is sufficient, then it can as well arrest and detain the applicant, even without the order of the court. If however the applicant desires to still pursue this application, then it should place the respondent on notice considering the sensitive public office that he occupies.”
But the DSS which is silent on the said order said in a late night statement by its Spokesman, Peter Afunanya, that it has a responsibility to investigate matters of national security dimension in the national interest.
The statement with the title ‘DSS remains focused on its mandate’, reads m: “The Department of State Services, DSS, wishes to clarify that one of its roles is the investigation of matters of national security dimension. It has always discharged this responsibility in the overall interest of Nigerian citizens. As such, the Service will continue to disseminate actionable intelligence to the relevant authorities devoid of any sentiment.
“While professionally discharging its mandate, the DSS pledges to remain focused and unbiased. It will not, by any means, succumb to propaganda, intimidation and the desperation of hirelings to undermine it. It will also not give room to the use of falsehood and deceit to misdirect public understanding and perceptions of issues of national importance.
Given not to joining issues, the Service warns those on a wild goose chase to be mindful of their actions. Similarly, it urges members of the public to disregard the vituperations and rantings of misguided elements and not allow themselves to be used as instruments of destabilisation.
“Notably, these elements should remember the famous axiom that “you will only deceive some people, some of the time, but not all people, all the time.
“To put it succinctly, the Service will not be distracted by persons and/or groups from carrying out its duties to the nation, citizens, President and Commander-in-Chief. Citizens are, therefore, urged to avoid being used to thwart or undermine the Service and its lawful investigations as those who wish to act in the breach will be dealt with in accordance with the law.”
Meanwhile, a coalition of human rights activist, the Arewa Youth Consultative Movement and public interest lawyers, under the umbrella of Coalition of National Interest Defenders, have criticized the move against Emefiele.
The groups are alleging that the move was not unconnected with the policy to redesign and reissue the bigger denominations for the Naira and the latest policies of the apex bank.
The blame politicians who are uncomfortable with the policies for the recent bid to arrest Emefiele.
They claimed the plan to sack the CBN governor was orchestrated by politicians who were not comfortable with the economic reform policy of the apex bank, especially the designation of the naira.
The Convener of the Coalition, Mr. Tochukwu Ohazuruike said: “We have firmly in our custody, genuine hardcore evidence of a plot by the DSS to frame the Governor of CBN, Emefiele for terrorism financing, abduct him and keep him away for at least 60 days in solitary confinement, which will pave way for the forceful removal of the CBN Governor from office and destabilize the President Buhari backed CBN economic stability and reform efforts, especially the new currency redesign and cash withdrawal limit policies which in the immediate will help achieve President Buhari’s promise of a credible election in 2023.
“It has taken us some time, diligent and careful monitoring and resources to discover that on the said December 7, 2022, a motion was filed in the FCT High Court, with the major target of getting the CBN Governor out of office. The motion had suit number M/294/2022.
“On December 7, 2022, another ex-parte application was secretly filed at a Federal High Court, Abuja this time directly by the DSS. The suit is between the DSS v Godwin Emefiele.
“Our intelligence which discovered this shocking development showed the suit was filed at the court without disclosing the full identity of Mr. Emefiele to the court and working on the premise that the court would grant an order for the Service to arrest and detain Mr. Emefiele for a minimum of 60 days hiding under section 66 of the Terrorism Prevention and Prohibition Act 2022.
“It is utterly shocking and shameful for the SSS to fabricate such bogus charges only in a bid to force an innocent man out of office.
“We have with us the suit number which at this moment I will read it out. so that Nigerians and Mr. President can send their people to rush to the Federal High Court to get their copies and see this evil with their own eyes, the suit number is FHC/ABJ/CS/2255/2022.
“It must be stated clearly that the entire purpose of this dastardly plot is for political and financial benefit. The people in the plot are very strong people and indeed the high and mighty in the government and in our country.
“We call on our dear President Buhari to immediately remove Mr. Bichi from office as Director-General of the DSS and order his immediate arrest for undermining the authority of the President, exposing him to risk and grave danger of unimaginable proportion.”
