Lawyers and human rights groups operating under the aegis of Coalition of National Interest Defenders yesterday protested in Abuja against the attempt by the Department of State Services (DSS) to arrest and detain the governor of the Central Bank of Nigeria (CBN), Mr. Godwin Emefiele, for alleged terrorism financing.
The coalition raised the alarm that there was a plot to frame Emefiele for terrorism and remove him from office.
Recall that Justice J.T. Tsoho of the Federal High Court, Abuja has reportedly refused to grant an application brought before it by the Department of State Services (DSS) to arrest and detain the governor of the Central Bank of Nigeria (CBN), Mr. Godwin Emefiele
The DSS had reportedly filed a suit on December 7, 2022, seeking to arrest the CBN governor.
Justice J.T. Tsoho gave the ruling declining to grant the application for the governor’s arrest on December 9, 2022.
The suit, with reference number FHC/Abj/CS/2255/2022, had State Security Services as the applicant.
Justice Tsoho had ruled that: “The entire affidavit depositions, especially as per paragraph 4 of the supporting affidavit, purport that preliminary investigation has revealed various acts of terrorism financing, fraudulent activities perpetrated by the Respondent and his involvement in economic crimes of national security dimension. These are no doubt, grave allegations but which the applicant has not presented any concrete evidence to support,” the judge stated.
He said the applicant should have taken the Court into confidence, while seeking the exercise of its discretion in favour of granting its application.
Besides, he said he was confused as to whether the respondent was the same person as the CBN governor.
“It is my respectful opinion that the ipse dixit of the Applicant standing on its own is not sufficient evidence upon which to deprive a person of its liberty.
“The respondent in this application is named as Godwin Emefiele without disclosure of his status or position anywhere, not even in the affidavit.
“It is left to speculation if the Godwin Emefiele is the same person as the serving Governor of the Central Bank of Nigeria.
“If it is, then, he is unarguably a high ranking public servant in Nigeria and indeed occupies a sensitive position as one of the drivers of the nation’s economy.
“Therefore, an application of this kind should have evidence of the approval of the respondent’s boss, that such measures are authorised to be taken.
“However, I do not find such evidence in this instant application, whereas it is a necessary procedure in the observance of the rule of law.
“It is noted that it has been the practice of the applicant to seek detention of a respondent or further detention for a definite period of time when such Respondent is already arrested and is in their custody and that fact is clearly disclosed in the supporting affidavit.
“This is not the situation here, as Godwin Emefiele, the CBN was shown on television the previous night, having an audience with the President of Nigeria.
“It, therefore, seems that the applicant intends to use the court, as a cover for an irregular procedure, which is unacceptable.
“In the light of the foregoing reasons, I decline to grant this ex parte order. If the applicant believes that the evidence available to it so far is sufficient, then it can as well detain and arrest the respondent even without the order of this court.
“If, however, the applicant desires to still pursue this Application, then it should place the Respondent on notice, considering the sensitive public office he occupies.
“The application, as presently constituted is refused,” the judge added.
Reacting to the development, the coalition said Emefiele was not a terrorist and accused the DSS of plotting to frame up the CBN governor “for terrorism financing, abduct him and keep him away for at least 60 days in solitary confinement” to pave the way for his eventual removal from office.
Addressing journalists after the protest march, the convener of the protest Mr. Tochukwu Ohazuruike who did not explain why the DSS was interested in the removal of Emefiele from office 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 destabilise 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,” he said.
He alleged that the plot for Emefiele’s removal has both political and financial gains and urged President Muhammadu Buhari to intervene in the matter.
“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,” Ohazuruike submitted.
Meanwhile, the DSS has neither confirm nor deny claims that it had filed charges against the CBN governor.
However, it said in a late night statement that it has the duty to investigate of matters of national security dimension and warned Nigerians against being used to “undermine” its investigations.
Spokesman for the agency, Mr. Peter Afunanya said in the release that the service will not be distracted by those seeking to use propaganda to undermine its lawful investigations.
He said the service has always discharged its 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 join 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, and, president and commander-in-chief,” he said.
