Where exactly is Nigeria’s central bank chief, Mr. Godwin Emefiele, as a petition by his lawyer seeks to have the head of the country’s internal spy organisation, Mr. Yusuf Bichi, arrested and prosecuted?
There have been reports that Emefiele is ensconced somewhere in the United States of America, amid political machinations to disentangle him from an inexplicable plot by the secret police to have him arrested over accusations of alleged terrorism financing.
He is expected back in the country on January 9, if he decides to return; as all manner of groups from the Southern and Middle Belt Leaders Forum (SMBLF) to Civil Society Organisations are crying foul over plans to arrest him.
Bets are on, on all sides, whether Emefiele will preside over the next MPR meeting slated for this month
In a petition to the Attorney General of the Federation and Minister of Justice, Abubakar Malami, Mr. Peter Abang, on behalf of the CBN Governor demanded for the arrest of Bichi over his alleged role in a failed plot to frame CBN Governor, Godwin Emefiele, for terrorism financing.
Emefiele’s lawyer wrote, “In view of the above suit filed by the State Security Services, which the Chief Judge of the Federal High Court, the Hon. Justice John Tsoho, delivered its ruling on December 9, 2022 , a certified copy of the Ruling is attached and we are by this letter respectfully requesting that your good offices commence a full scale criminal inquiry into the circumstances Ieading to the failed attempt by the State Security Services (otherwise known as the Department of State Services) to frame the Governor of the Central Bank of Nigeria (CBN) on allegations and trumped up terrorism financing charges as well as other sundry offences.
“We also request that your offices conduct a thorough investigation and ultimately arrest and prosecute all persons and/or parties connected to the failed rogue operation in the overall interest of Nigeria.
“Note that this letter serves as a notice to commence an action for mandamus to compel your offices to arrest and prosecute all persons and/or parties who are connected in the event that you fail at accede to our request within 7 days from the date of service of this letter to you.”
The certified true copy of the ruling Abang referred to in his petition shows Tsoho declining an application by the DSS to arrest and detain the Governor of the Central Bank of Nigeria (CBN).
In declining the motion ex-parte filed by an applicant in the absence of the respondent, said the DSS did not provide any concrete evidence to substantiate its claims that Emefiele was involved in terrorism financing and economic crimes.
He noted that 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.
“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 the 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.”
He refused to entertain the suit until credible evidence is brought before the court as to the reason why the court should grant the request.
Later, a Federal High Court sitting in Maitama, Federal Capital Territory (FCT), Abuja issued an order restraining the DSS from arresting Emefiele.
The ruling, delivered by Justice M.A. Hassan on Thursday, also applies to the Inspector-General of Police (IGP), Attorney-General of The Federation (AGF), and the Economic and Financial Crimes Commission (EFCC), and the CBN, who are listed as defendants.
The court had declared that the “continuous harassments, intimidation, threats, restriction of free movement, abuse of 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, dignity of 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 “in view of 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 harassments, intimidation, threats, restriction of free movement, abuse of 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…”
The court further declared that “any form of 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, dignity of 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.”