December 29, (THEWILL) – A Federal Capital Territory (FCT) High court on Thursday, restrained the Department of State Services (DSS) and the Inspector General of Police (IGP), from arresting and detaining the Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, over alleged terrorism financing.
The court also restrained the Attorney General of the Federation (AGF), the Economic and Financial Crimes Commission (EFCC) and the CBN, who are listed as 1st, 2nd and 5th defendants, from further harassment and prosecution of Emiefiele.
The restraining order followed a ruling by Justice MA Hassan, in a suit marked FCT/HC/CV/GAR/41/2022, filed by the Incorporated Trustees of Forum for Accountability and Good Leadership.
Justice Hassan, on December 19, granted an exparte application restraining the defendants from arresting and detaining the CBN governor.
Granting the exparte application moved by Emeka Ozoani (SAN), counsel to the applicant, Justice Hassan specifically ordered that: “The 2nd, 3rd and 4th defendants/respondents are hereby restrained in the interim 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.”
The court equally granted an order of substituted service on the 5th defendant/respondent (the CBN) by delivering the originating summons and other processes to the legal department of the bank, at its Headquarters in Abuja.
In his ruling on Thursday, the judge held that the continued harassment of Emefiele on the basis of the allegations by the DSS is illegal and constitutes a breach of his fundamental rights as provided for in the 1999 Constitution and African Charter on Human and Peoples’ Rights.
THEWILL reports that the DSS, in an exparte application marked: FHC/ABJ/CS/2255/2022, had sought an order to arrest the CBN Governor over alleged acts of “financing terrorism, fraudulent activities and economic crimes of national security dimension.”
But the Chief judge of the Federal High Court, Justice John Tsoho, in a ruling delivered on December 9, rejected the application on the grounds that the DSS failed to provide sufficient evidence to warrant the issuance of an arrest warrant against Emefiele.
Justice Tsoho said the depositions in the affidavit filed by the DSS in support of its application “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.
Also on Thursday, Justice Hassan said the DSS cannot continue to harass or arrest Governor Emefiele over any trumped-up allegations unless an order of a superior court is first obtained.
The court held that Exhibit A, submitted by the 4th respondent (DSS), which was the Affidavit also submitted to the Chief Judge of the Federal High Court, Justice Tsoho, did not substantiate or provide any material fact of terrorism and that the 4th respondent’s acts are obvious attempts to interfere with the rights of Godwin Emefiele.
Justice Hassan agreed with the EFCC (5th Respondent) position that there is a process for the removal of the Governor, thus the continued harassment and interference by the 4th Respondent particularly is embarrassing in the light of statutory provisions
In its counter affidavit, the EFCC stated that it has no case against Emefiele as he is not under investigation by the Commission.
Consequently, the anti-graft agency asked the court to discharge it from the matter on the ground that it is not a necessary party.
The Court held that all other respondents except the 4th DSS are nominal parties as no case was really made against them
Justice Hassan ruled that Applicant had shown sufficient locus standi to initiate this Suit in line with Fundamental Human Rights Rules.
The Court however held that it will not award damages as the suit was not taken out by Godwin Emefiele himself.
About the Author
