•Court declines to order arrest, detain CBN gov
MASSIVE protests, yesterday, rocked Abuja, following the discovery of a suit allegedly filed by the Department of State Service, DSS, where it accused the Governor of the Central Bank of Nigeria, CBN, Mr. Godwin Emefiele of financing terrorism as well as other crimes it described as economic crimes of national security dimension.
The DSS, however, failed to confirm or deny claims that it had filed charges bordering on terrorism financing against the CBN governor.
The protesters comprising Buhari Legacy Defenders, Arewa Youth Consultative Movement, Ohanaeze Ndi Igbo Youth Movement, African Centre for Justice and Human rights, Ethnic youth Leaders, Political Parties Chairmen Forum, Lawyers in Defence of Economic rights and Justice marched to the Office of the Attorney-General of the Federation, AGF, where they submitted a petition against the DSS and called for the sack of the DG, Mr Yusuf Bichi.
The groups, comprising lawyers and rights movements, condemned the secret move to tag the CBN governor as a terrorist and subsequently arraign him in court under Section 66 of the Terrorism Prevention and Prohibition Act, 2022.
This came on a day a Federal High Court sitting in Awka, Anambra State, directed the CBN be served in a suit against it by the Incorporated Trustees of African Initiative Against Abuse of Public Trust.
Protests as DSS move against Emefiele
The coalition said Emefiele was not a terrorist, pointing accusing fingers at the DG of the DSS, Mr. Bichi as the brain behind it.
They also submitted a similar letter to the office of the President, Secretary to the Government of the Federation, and Inspector-General of Police among others.
Addressing newsmen, Convener of the Coalition, Mr. Tochukwu Ohazuruike said: “We have firmly in our custody, genuine hardcore evidence of a plot by the DSS to frame the Governor of CBN, Emefiele for terrorism financing, abduct him and keep him away for at least 60 days in solitary confinement, which will pave way for the forceful removal of the CBN Governor from office and destabilize the President Buhari backed CBN economic stability and reform efforts, especially the new currency redesign and cash withdrawal limit policies which in the immediate will help achieve President Buhari’s promise of a credible election in 2023.
“It has taken us some time, diligent and careful monitoring and resources to discover that on the said December 7, 2022, a motion was filed in the FCT High Court, with the major target of getting the CBN Governor out of office. The motion had suit number M/294/2022.
“On December 7, 2022, another ex-parte application was secretly filed at a Federal High Court, Abuja this time directly by the DSS. The suit is between the DSS v Godwin Emefiele. Our intelligence which discovered this shocking development showed the suit was filed at the court without disclosing the full identity of Mr. Emefiele to the court and working on the premise that the court would grant an order for the Service to arrest and detain Mr. Emefiele for a minimum of 60 days hiding under section 66 of the Terrorism Prevention and Prohibition Act 2022.
Bogus charges
“It is utterly shocking and shameful for the SSS to fabricate such bogus charges only in a bid to force an innocent man out of office.
“We have with us the suit number which at this moment I will read it out. so that Nigerians and Mr. President can send their people to rush to the Federal High Court to get their copies and see this evil with their own eyes, the suit number is FHC/ABJ/CS/2255/2022.”
Political and financial gains
Ohazuruike, who urged President Muhammadu Buhari to wade into the matter, said: “It must be stated clearly that the entire purpose of this dastardly plot is for political and financial benefit. The people in the plot are very strong people and indeed the high and mighty in the government and in our country.
“We call on our dear President Buhari to immediately remove Mr. Bichi from office as Director-General of the DSS and order his immediate arrest for undermining the authority of the President, exposing him to risk and grave danger of unimaginable proportion.”
DSS keeps mum
While the DSS refused to come out openly on any issue against the CBN governor, it however warned in a late night statement that it had the core function of investigating crimes that have national security dimension and asked Nigerians to respect its roles.
The DSS, in a statement by its Public Relations Officer, Dr Peter Afunanya, however said that it would not succumb to propaganda and intimidation in the wake of a report that it was planning to frame and arrest the CBN Governor, Godwin Emefiele.
In the statement entitled ‘DSS remains focused on its mandate’, said: “The Department of State Services, DSS, wishes to clarify that one of its roles is the investigation of matters of national security dimension. It has always discharged this responsibility in the overall interest of Nigerian citizens. As such, the Service will continue to disseminate actionable intelligence to the relevant authorities devoid of any sentiment.
“While professionally discharging its mandate, the DSS pledges to remain focused and unbiased. It will not, by any means, succumb to propaganda, intimidation and the desperation of hirelings to undermine it. It will also not give room to the use of falsehood and deceit to misdirect public understanding and perceptions of issues of national importance.
“Given not to joining issues, the Service warns those on a wild goose chase to be mindful of their actions. Similarly, it urges members of the public to disregard the vituperations and rantings of misguided elements and not allow themselves to be used as instruments of destabilisation.”
“Notably, these elements should remember the famous axiom that “you will only deceive some people, some of the time, but not all people, all the time.
“To put it succinctly, the Service will not be distracted by persons and/or groups from carrying out its duties to the nation, citizens, President and Commander-in-Chief. Citizens are, therefore, urged to avoid being used to thwart or undermine the Service and its lawful investigations as those who wish to act in the breach will be dealt with in accordance with the law.”
Court declines DSS application
Recall that Justice J.T Tsoho of a Federal High Court in Abuja had refused to grant the prayer of the DSS to arrest and detain the CBN governor over alleged terrorism financing.
Justice Tsoho had ruled that: “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 allegation 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 ranting 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 its 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 Nigeri
If it is, then, he is unarguably a high ranking public servant in Nigeria and indeed occupies a sensitive position as one of the 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 authorized to be taken.
“However, do not find such evidence in this instant application, whereas it is a necessary procedure in the observance of the rule of law.
“It is noted that it has been the practice of the Applicant to seek detention of a Respondent or further detention for a definite period of time when such Respondent is already arrested and is in their custody and that fact is clearly disclosed in the supporting affidavit.
“This is not the situation here, as Godwin Emefiele, the CBN was shown on television the previous night, having an 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 Exparte order. If the Applicant believes that the evidence available to it so far is sufficient, then it can as well detain and arrest 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 he occupies.
“The application, as presently constituted is refused.”
Court orders CBN to be put on notice in suit on re-designed naira notes
Meanwhile, a Federal High Court sitting in Awka, Anambra State, yesterday, directed that the CBN, be served in a suit against it by the Incorporated Trustees of African Initiative Against Abuse of Public Trust.
Defendants in the suit include the CBN; its Governor, Emefiele and the Attorney-General of the Federation, Mr. Abubakar Malami.
The plaintiff had urged the court to order an interim injunction restraining the defendants, particularly the CBN and its governor, either by themselves or their privies or agents from taking any step to enforce the implementation of the policy on the redesigning of Naira and non-physical exchange of the old notes with the new notes without a clear policy on how to accommodate over 50 million Nigerians without bank accounts.
Mr. N. D. Agu filed the suit the plaintiffs, while the defendants were jointly represented by an Aba-based lawyer, Musa Tolani.
After listening to the plaintiffs’ counsel, who said that the CBN and Emefiele had served him with their response to the originating process, Justice H. A. Nganjiwa granted reliefs A and B of the plaintiffs to enable the AGF to be served with the originating processes and leave.”
The court ordered him to be served by substituted means.
The matter was, thereafter, adjourned to January 19, 2023, for a hearing of the motion on notice for the interlocutory injunction.
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