Justice M. A. Hassan of a High Court of the Federal Capital Territory (FCT) has barred the Department of State Services (DSS) and four others from arresting or detaining the governor of the Central Bank of Nigeria (CBN) Mr. Godwin Emefiele for alleged terrorism financing.
The judge issued the order yesterday following an ex parte motion marked GARM/92/2022, filed by the Incorporated Trustees of the Forum for Accountability and Good Leadership against five defendants on December 19, 2022.
The suit had the attorney general of the federation and minister of justice, the Economic and Financial Crimes Commission (EFCC), inspector general of police, State Security Service (SSS) and the Central Bank of Nigeria (CBN) as 1st, 2nd, 3rd, 4th and 5th respondents respectively.
The ex parte application was moved by counsel for the applicant, Mr. Emeka Ozoani, asking the court to restrain the respondents “whether by themselves, their officers, agents, servants, privies or acting through any person or persons howsoever from inviting, arresting and/or detaining the governor of the Central Bank of Nigeria, Mr. Godwin Emefiele with particular allegations of acts of terrorism financing, fraudulent activities, or any other manner, howsoever, that may interfere with his rights to freedom of movement, personal liberty, human dignity or in any way interfere with the performance and discharge of his official functions and duties as Governor of the Central Bank of Nigeria, pending the hearing and determination of the motion on notice.”
Delivering the judgment, Hassan held that the DSS did not substantiate or provide any material fact of terrorism.
The judge held that “the continuous harassment, threat, intimidation, restriction of free movement and abuse of the rights of Godwin Emefiele, governor of Central Bank of Nigeria, over trumped-up allegations of terrorism financing and fraudulent practices, etc., by the 4th Respondent and their officers are 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”.
The judge also held “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”.
Consequently, the court restrained the DSS from further arresting, intimidating, inviting, harassing, instigating, interrogating, or detaining the CBN governor.
The court also held that all other respondents, except the DSS, are nominal parties as no case was really made against them.
Hassan also said the applicant had shown sufficient locus standi to initiate the suit in line with fundamental human rights rules.
The court also held that it would not award damages as the suit was not taken out by Emefiele himself.
Recall that the DSS had earlier in an ex parte application marked FHC/ABJ/CS/2255/2022 sought an order to arrest the CBN governor over alleged acts of financing terrorism, fraudulent activities and economic crimes of national security dimension.
The DSS had reportedly filed a suit on December 7, 2022, seeking to arrest the CBN governor.
However, the chief judge of the Federal High Court, Abuja, Justice John Tsoho, on December 9, declined the application on the grounds that the DSS failed to provide sufficient evidence to warrant the issuance of an arrest warrant against the CBN governor.
