• Lawyers Appeal To President Tinubu For Justice
The High Court of the Federal Capital Territory sitting in Apo, Abuja, has nullified the arrest, detention and interrogation of suspended Governor of Central Bank of Nigeria (CBN), Mr. Godwin Emefiele.
The judgment came about 24 hours after another court ordered that he should be charged to court of released immediately from the custody of Department of State Services (DSS).
In a judgment upon an Originating Motion on Notice brought before the court by Mr. Emefiele against Incorporated Trustees of Forum for Accountability and Good Leadership, the Attorney General of the Federation, Economic and Financial Crimes Commission, Inspector General of Police, State Security Service and the Central Bank of Nigeria, the presiding Judge, Justice Bello Kawo, held that the arrest, detention and interrogation is in violation of the subsisting judgment and orders of Justice M. A. Hassan in Suit No. FCT/HC/GAR/CV/41/2022.
Emefiele had, through his Counsel, Mr. Peter Abang, asked the court to set aside, quash, invalidate and nullify his arrest and detention for being illegal and a nullity in view of the subsisting judgment of Justice M. A. Hassan delivered on December 29, 2022.
In another prayer granted by Hon. Justice Bello Kawu, the court made an order setting aside, voiding, quashing, invalidating and nullifying any warrant of arrest obtained or procured by the respondents, especially the DSS for the arrest, detention and/or interrogation of Mr. Emefiele in connection with the allegations of terrorism financing, fraudulent practices, money laundering, round tripping and threat to national security before or from any court since the date of the judgment of Justice M. A. Hassan.
Furthermore, the court granted an injunction restraining the respondents, particularly the DSS from arresting, detaining, further detaining or proceeding against, breaching or interfering with Mr. Emefiele’s personal liberty and freedom of movement or taking any other steps against him in connection with any allegations of terrorism financing, fraudulent practices, money laundering, round tripping, threat to national security before or from any court since the date of the judgment of Justice M. A. Hassan.
The Court finally granted an order of injunction directing and mandating the respondents, particularly the DSS to forthwith, release and unfetter Mr. Emefiele from any arrest, detention, custody, interrogation with regard to allegations of terrorism financing, fraudulent practices, money laundering, round tripping, threat to national security before or from any court in view of the subsisting judgment of Justice M. A. Hassan.
Reacting to Friday’s judgment, Counsel to Mr. Emefiele, Obed Agu, said they were in court to seek enforcement of judgment delivered by Justice Hassan, which DSS has refused to enforce. Agu held that DSS has not in any way appealed that judgment.
Agu said: “They have not in any way obtained a stay of execution of that judgment. So, Emefiele, by his lawyers, had come to this court to ask for enforcement of that judgment. And that is what the judge has ruled today by saying that the DSS has to release him or charge him to court within 48 hours.”
“When Justice Hassan of FCT High Court, gave the ruling yesterday that the DSS should charge Emefiele within seven days, they immediately went to Lagos to file a charge. That was fine but what we are saying is that they have not obeyed the judgment of Justice Hassan that was obtained as far back as December 29, 2022.
“So, here now, the court said that considering that this is a law enforcement agency, you have right to arrest, you have right to investigate, you have right to proffer charges against any citizen you feel has gone contrary to the laws of the country. But, you have a limitation to what you have to do. And that limitation is as were provided by the Constitution.
“The law says that if you arrest somebody on any reasonable suspicion, you have to take the person to court within one day, if you have a court of 40 kilometers radius, and then within 48 hours in every other circumstance.”
He added: “Now, since December 29 of 2022, the DSS has been on the trail of Emefiele. They first went to the Federal High Court to obtain an order from the Chief Judge of that court. What did court tell them? The court said on December 7 that they cannot come by any regular means to seek the authority of the court to do what was illegal. The court threw the application out since December 2022.
“This is July, seven to eight months, you had an instinct that this man has been contracted to the laws of the Federation, that he is financing terrorism whatsoever. You must have done your investigation, you must have completed your investigation but you did not do that.
“Then after six to seven months, you still went ahead to arrest him immediately this new government suspended him; then one month after, he is still in your custody. Where is the rule of law? Where is justice? The lawyer asked.
“We are calling on President Bola Ahmed Tinubu to ensure justice for Emefiele. Let the rule of law reign; that is what we are asking for. We are not asking the DSS not to charge him; they can charge anybody but it must be within the constitutional provisions, which you have authority to do and that is our position and that is what we are asking.”
