Court to DSS: Continued harassment, arrest of Emefiele illegal
A High Court of the Federal Capital Territory in Garki Abuja has held that the continued harassment of the Central Bank of Nigeria governor, Godwin Emefiele over ‘trumped up allegations of terrorism and sundry offences is illegal and constitutes a breach of his fundamental human rights.’ In an application filed against the Department of State […]
CBN governor, Godwin Emefiele
A High Court of the Federal Capital Territory in Garki Abuja has held that the continued harassment of the Central Bank of Nigeria governor, Godwin Emefiele over ‘trumped up allegations of terrorism and sundry offences is illegal and constitutes a breach of his fundamental human rights.’
In an application filed against the Department of State Service (DSS), the Economic and Financial Crimes Commission (EFCC) and the CBN by Incorporated Trustees of Forum for Accountability and Good Leadership, One Kenneth Amaechi filed a motion ex-parte No GARM/92/2022 on the 19th of December for the court to restrain the respondents, whether by themselves, agents, servants, privies or acting through any person from inviting, arresting or detaining the governor of the Central Bank of Nigeria, Godwin Emefiele.
This is coming after a Federal High Court sitting in Abuja had stopped the Department of State Services from arresting Godwin Emefiele, over allegations bordering on “Acts of financing terrorism, fraudulent activities and economic crimes of national security dimension.”
The DSS had reportedly filed a suit on December 7, 2022, seeking to arrest the CBN governor. Justice J.T Tsoho gave the ruling declining to grant the application for the governor’s arrest on December 9, 2022.
Alleged terrorism: Court stops DSS, IGP others from arresting Emefiele
Only constitutional amendment can stop govs from controlling LG funds – Bagudu
The judge, Justice M. A Hassan also issued a restraining order against the 4th respondent particularly (the State Security Service), from any continued harassment, arrest etc 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, which was the affidavit also submitted to Tsoho of the Federal High Court did not substantiate or provide any material fact of terrorism and that the 4th respondents acts are obvious attempts to interfere with the rights of Godwin Emefiele.
The court aligned with the 5th respondent position (CBN) 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
EFCC had in the affidavit stated that it has no case against the governor and he is not under their investigation. They asked that they be discharged from the matter being unnecessary parties.
THE court held that obviously all other respondents (The Attorney General of the Federation, the EFCC and the CBN) except the 4th, DSS are nominal parties as no case was really made against them.
The court stated that the applicant had shown sufficient locus standi to initiate this suit in line with the fundamental human right rules.
The court held that it will not award damages as the suit was not taken out by Godwin Emefiele himself.
Efforts to confirm if Emefiele is back in the country following his medical treatment abroad were not successful as sources spoken to could not independently verify.