The Federal High Court in Abuja has dismissed the request of the Department of State Security (DSS) to arrest the Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele.
The secret police 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 filed the application marked FHC/ABJ/CS/2255/2022 at the court on 7 December, suing Mr Emefiele as the sole respondent in the ex parte application.
But the judge, John Tsoho, who is the Chief Judge of the Federal High Court, in a ruling on 9 December, rejected the application on the grounds that the secret police failed to provide sufficient evidence to warrant the issuance of an arrest warrant against Mr Emefiele.
The judge said the depositions in the affidavit filed by the SSS 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.”
But rejecting the application, the judge said: “These are no doubt grave allegations, but which the applicant has not presented any concrete evidence to support.”
He also said the SSS failed to clearly identify the person against whom the arrest warrant was sought. He said it remained speculation whether the person was the same Godwin Emefiele serving as the CBN governor.
If the targeted person was the incumbent CBN governor, the judge said there was the need to obtain the approval of his boss, presumably referring to President Muhammadu Buhari, for his arrest given the crucial role he plays in driving the economy.
He said there was no evidence in DSS’ application that such approval was obtained.
“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 Nigeria. 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.”
With or without a court order, the judge said DSS had the power to arrest Mr Emefiele based on reasonable suspicion, but that the agency’s lack of concrete evidence must have driven it to seek the court’s arrest warrant to serve as a cover for an irregular procedure.
“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,” Mr Tsoho said.
But giving the secret service another option to pursue its case, the judge added: “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.”
On Monday, a group known as the Coalition of National Interest Defenders led by Mr Tochukwu Ohazuruike claimed that the DSS was plotting Mr Emefiele’s arrest and keep him for at least 60 days because of his attempt to limit cash withdrawals and frustrate attempts by politicians to prevent a free and fair election next year.
At a protest in Abuja yesterday, he said, “Fellow Nigerians, we have firmly in our custody genuine hard-core evidence of a plot by the State Security Service (SSS) to frame the Governor of the CBN, Mr Godwin Emefiele, for terrorism financing.
“They plot to keep him up and keep him away for at least 60 days in solitary conferment, which will pave the way for the forceful removal of the CBN Governor from office and destabilise the President Muhammadu Buhari/CBN economic stability and reform efforts, especially the new currency design and cashless withdrawal limits policy, which in the immediate will help President Buhari achieve his promise for credible election in 2023.”
But reacting to the protest by the coalition yesterday, the DSS, through its spokesman, Mr Peter Afunaya, expressed anger over the situation, emphasising that it would not succumb to propaganda, intimidation and the desperation of hirelings to undermine its operations.
The DSS, in a statement, said it would continue to remain focused and disseminate actionable intelligence to the relevant authorities devoid of any sentiment.
“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 join 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.
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