December 20, (THEWILL) – The Chief Judge of the Federal High Court, Justice John Tsoho, has turned down a request by the Department of State Services (DSS), to arrest the Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, for alleged terrorism financing.
A Coalition of United Political Parties (CUPP) and Coalition of Civil Society groups, on Monday, alleged plot by the service to frame and arrest Emefiele for terrorism financing.
THEWILL earlier reported that the DSS had filed an application with case number FHC/ABJ/CS/2255/2022, to the purpose of arresting the apex bank governor, Emefiele, for a minimum of 60 days, hiding under section 66 of the Terrorism Prevention and Prohibition Act 2022.
Coordinator of the CUPP, Tochukwu Ohazurike, who led the Civil Society groups, disclosed that the application by the DSS for the arrest of Emefiele was rejected by the Chief Judge, who observed it to be irregular.
Ruling on the motion ex parte moved by the DSS, Justice Tsoho, in his ruling, dated December 13, 2022, told the agency to put the CBN governor on notice of the pendency of the motion, adding that if they felt strongly convinced about the allegation against him, they can as well arrest and detain him without a court order.
Justice Tsoho also wondered why the name of the respondent was given simply as ‘Godwin Emefiele’ without a material disclosure that he is the same person as the CBN governor, a high ranking public official, who occupies an extremely sensitive position.
In his ruling on the ex parte motion, the court held, “Upon perusal of the documents that constitute the Applicant’s Motion Ex parte dated and filed on 7/12/2022, I am constrained to make the following vital observations:
“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 Applicant should have taken the Court into confidence, while seeking the exercise of its discretion in favour of granting Its application. 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 his 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 Official In Nigeria and Indeed occupies a sensitive position as one of the key 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. I, however, do not find such evidence in this Instant application, whereas it is a necessary procedure in the observance of the Rule of Law disclosed in the supporting affidavit.
“This is not the situation here, as Godwin Emefiele, the CBN Governor, was shown on Television, even last night, having 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 application Ex parte. If the Applicant believes that the evidence available to it so far is sufficient, then it can as well arrest and detain the Applicant, 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 that he occupies.
“This application as presently constituted is refused.”
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