In a recent development at the Federal Capital Territory High Court, the Department of State Services (DSS) has expressed concerns that the suspended Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, may attempt to flee the country if granted bail. The Attorney General of the Federation (AGF) has also supported this argument, describing Emefiele as a “flight risk.”
Emefiele, who was suspended by President Bola Tinubu and subsequently detained by the DSS on June 10, 2023, is currently challenging his detention and the denial of access to his family members and legal counsel.
During the hearing on Tuesday, both the DSS and AGF presented separate counter-affidavits in response to a fundamental rights enforcement suit filed by the suspended CBN chief.
The AGF’s affidavit dismissed speculation that Emefiele was being held for terrorist-related crimes and clarified that he was not being victimized for his involvement in politics or the failed naira redesign policy. The document stated, “Issues of terrorism financing and fraudulent activities are not part of the grounds for the arrest and detention of the applicant. The respondents have not violated the applicant’s right to live in any way, his life is not in danger. The respondents did not subject the applicant to any judicial adjudication to warrant the allegation of denial of a fair hearing. With the remand order issued by a court of competent jurisdiction, the said violation of the applicant’s right to freedom of movement does not arise. The respondents did not subject the applicant to any torture, the details of which have not been provided.”
The DSS, on the other hand, justified Emefiele’s detention, stating that it was carried out pursuant to an order from a competent court. The DSS cited reasonable suspicion of Emefiele’s involvement in criminal breach of trust, incitement to violence, criminal misappropriation of public funds, economic sabotage, economic crimes of national security dimension, and undermining the security of the Federal Republic of Nigeria.
Representing the AGF, Senior Advocate of Nigeria, Tijani Gazal, urged the court to dismiss the suit, arguing that Emefiele’s claim of unlawful detention was baseless. Gazal explained that the suspended CBN governor was being held based on an order from an FCT Chief Magistrates Court.
Furthermore, Gazal contested the jurisdiction of the court to hear the case, emphasizing that Emefiele’s arrest and detention were administrative decisions of an executive arm of the government. He stated that the court’s jurisdiction is determined by the relief sought by the applicant.
After considering the arguments presented by all parties, Justice Hamza Muazu adjourned the case until July 13 for a ruling.
The outcome of this case is eagerly anticipated, as it holds significant implications for the detained former CBN governor and the legal landscape surrounding his arrest and detention.
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