Despite a restraining Court order, the Department of State Services (DSS) is bent on arresting Nigeria's Central Bank governor, Godwin Emefiele upon his return to the country from the United States of America, according to SaharaReporters.
The DSS or State Security Service (SSS) has accused the CBN governor of fraud, financing terrorism, and participating in other economic crimes that jeopardize national security.
A Federal High Court in Abuja presided over by Justice M.A. Hassan last Thursday gave an order restraining the defendants including the DSS, the Inspector-General of Police (IGP), Attorney-General of the Federation (AGF), the Economic and Financial Crimes Commission (EFCC), and the CBN, from arresting, detaining and questioning Emefiele.
The court ruled that the “continuous harassments, intimidation, threats, restriction of free movement, abuse of the 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, the dignity of the 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 “given 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 harassment, intimidation, threats, restriction of free movement, abuse of the 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 are vindictive, unwarranted, abrasive, oppressive…”
The court also decided that “any form of an 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, the dignity of the 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.
The Court made no order regarding cost.
However, sources in the DSS told SaharaReporters that the agency will still arrest Emefiele against the Court order given that their findings against him are grave.
"Emefiele has so far refused to return to Nigeria. But the position of the DSS has not changed.
"He will be arrested upon his arrival in Nigeria because what our preliminary investigation reveals against him are very serious and cannot be taken lightly," one of the sources said.
Citing People's Gazette, SaharaReporters earlier reported that the Central Bank governor may have planned to return to the United Kingdom to evade imminent arrest by the DSS as the Presidency appeared reluctant to wade into the matter.
A Federal High Court in Abuja earlier declined an ex parte application by the DSS to arrest and detain Emefiele.
According to the presiding judge, Justice J. T. Tsoho, the DSS did not adduce any concrete evidence to substantiate its claims that Emefiele was financing terrorism and participated in economic crimes.
According to SaharaReporters some allies of President Muhammadu Buhari led by his close confidant and nephew, Mamman Daura have mounted pressure on the president to prevail on the DSS to stand down on its decision to arrest the CBN governor.
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