A Federal High Court has rejected a request by the Directorate of State Services (DSS), to arrest the Governor, Central Bank of Nigeria (CBN), Godwin Emefiele.
The DSS had filed an ex parte application for an order for the arrest of the CBN Governor over alleged, “acts of financing terrorism, fraudulent activities and economic crimes of national security dimension.”
The DSS had filed an application: FHC/ABJ/CS/2255/2022 at the court on December 7, suing Emefiele as the sole respondent in the ex parte application.
But the court, presided over by the Chief Judge, Justice John Tsoho, in its ruling dated, December 13, instead ordered the DSS to put the CBN Governor on notice of the pendency of the motion.
The Judge said that based on the allegations against Emefiele, the DSS can arrest and detain him without a court order.
He noted that 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.”
However, it continued, “These are no doubt grave allegations, but which the applicant has not presented any concrete evidence to support.”
Besides, the Judge also observed some anomalies in the application, noting that “The respondent in this application is named as ‘Godwin Emefiele’ without disclosure of his status or position anywhere; not even in the affidavit.”
This, it maintained, created speculation as to the true identity of the person, saying: “It is left to speculation if the ‘Godwin Emefiele’ is the same person as the serving Governor of the Central Bank of Nigeria.”
These are no doubt grave allegations, but which the applicant has not presented any concrete evidence to support… It therefore seems that the applicant intends to use the court as a cover for an irregular procedure, which is unacceptable.
He court added that “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.”
According to the Judge, there is no such evidence. “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.”
He continued: “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,”
He also advised that “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.”
Civil protest
Based on Justice Tsoho’s ruling, there was a civic protest yesterday by a coalition, comprising the Arewa Youth Consultative Movement and public interest lawyers, in Abuja.
Speaking at a press conference, the convener of the group referred to as the Coalition of National Interest Defenders, Tochukwu Ohazuruike, described the move against the CBN Governor as a plot by politicians uncomfortable with the economic reform policies of the bank, including the re-design of some denominations of the naira, and the cash withdrawal limits.
The Coalition accused the DSS of not informing President Muhammadu Buhari of its findings against the CBN Governor, as observed by the court, and challenged the veracity of its claims of terrorism financing.
The group therefore called on the President and the Attorney-General of the Federation (AGF), to suspend, arrest, investigate and prosecute the Director-General of SSS, Yusuf Bichi, whom it accused of being used by politicians to truncate the CBN’s new cashless policy.
