Nigerian High Court Restrains Secret Police, DSS, Others From Arresting, Detaining, Grilling Central Bank Governor, Emefiele Over Fraud, Terrorism Allegations
The Evangelist
December 30, 2022
AFederal High Court sitting in Maitama, Federal Capital Territory (FCT), Abuja has issued an order restraining secret police, the Department of State Services (DSS) from arresting Godwin Emefiele, governor of the Central Bank of Nigeria (CBN).
This ruling, delivered by Justice M.A. Hassan on Thursday, also applies to the Inspector-General of Police (IGP), Attorney-General of The Federation (AGF), and the Economic and Financial Crimes Commission (EFCC), and the CBN, who are listed as defendants.
The court declared that the “continuous harassments, intimidation, threats, restriction of free movement, abuse of right of Office, surreptitious moves to arrest, and humiliation of Mr. Godwin Emefiele, the Governor of Central Bank of Nigeria over trumped up allegations of terrorism financing and fraudulent practices, etc by the 2nd, 3rd and 4th Respondents and their officers is vindictive, unwarranted, abrasive, oppressive and same constitute a flagrant breach of his rights to personal liberty, dignity of human person, right to policy making powers freedom of thought, conscience and religion and movement as respectively provided and enshrined under the Constitution of the Federal Republic of Nigeria, 1999 (as Amended) and the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act AND, therefore, unconstitutional and illegal”.
It also declared that “in view of the Ruling of the Honourable Justice Tsoho sitting at the Federal High Court Maitama, in State Security Services (SSS) v Mr. Godwin Emefiele Suit No. FHC/ABJ/CS/2255/2022 delivered on 15th December, 2022 any continuous harassments, intimidation, threats, restriction of free movement, abuse of right of Office, surreptitious moves to arrest, and humiliation of Mr. Godwin Emefiele, the Governor of Central Bank of Nigeria over trumped up allegations of terrorism financing and fraudulent practices, etc by the 2nd, 3rd and 4th Respondents and their officers is vindictive, unwarranted, abrasive, oppressive…”
The court further declared that “any form of invitation to Mr. Godwin Emefiele, the Governor of Central Bank of Nigeria in the exercise of his statutory powers, functions and duties and continuous threats by the 4th Respondents to surrender his powers to them over trumped-up allegations of terrorism financing and fraudulent practices, etc constitute a flagrant breach of his rights to personal liberty, dignity of human person, right to policy making powers freedom of thought, conscience and religion and movement as respectively provided and enshrined under the Constitution of the Federal Republic of Nigeria, 1999 (as Amended) and the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act and, therefore, unconstitutional and illegal.
“That the 4th Respondent acted wrongfully and illegally in instigating the President of the Federal Republic of Nigeria against Mr. Godwin Emefiele in respect of the exercise of his statutory duty relating to the issuance of monetary policies and directives in the interest of National security and economy.
“It is further ordered that the 4th Respondent, their agents, servants, privies and all officers under their control and command are hereby restrained from instigating the arrest or arresting, interrogating and detaining Mr. Godwin Emefiele, the Central Bank Governor in respect of any matter or policy decision on the economy of the Federal Republic of Nigeria or for any connected purposes except by an order of a Superior Court,” it noted among other declarations.
It, however, gave no order as to cost.
SaharaReporters had reported how a Federal High Court in Abuja declined an application by the DSS to arrest and detain Emefiele.
The DSS or State Security Service (SSS) had accused Emefiele of allegedly aiding and abetting acts of terrorism.
The security agency said the CBN governor is involved in the financing of terrorism.
It said preliminary investigation revealed various acts of terrorism financing, fraudulent activities perpetrated by Emefiele and his involvement in economic crimes of national security dimension.
In declining the motion ex parte filed by the secret police, Justice J. T. Tsoho, the Chief Judge, said the DSS did not provide any concrete evidence to substantiate its claims that Emefiele was involved in terrorism financing and economic crimes.
SaharaReporters had also reported that President Muhammadu Buhari was under pressure from some of his associates to prevent the arrest of Emefiele by the secret police.
Leading the campaign is Mamman Daura, a nephew and close confidant of the President, multiple sources told SaharaReporters on Tuesday.
