The Nigerian Bar Association, NBA, human rights activists and members of civil society groups, have urged the Federal Government to strictly adhere to the principle of rule of law, fairness and justice in handling the case against the suspended Governor of the Central Bank of Nigeria, CBN, Mr. Godwin Emefiele.
They also carpeted the Department of State Services (DSS) for arresting and detaining Emefiele for about a month, asserting that the recent charge of possession of gun and ammunition by the secret police, was political.
Recall that Emefiele was arrested at his Ikoyi residence in Lagos on June 10, a day after he was suspended as the governor of the CBN by President Bola Tinubu.
He had since then, remained in custody as the DSS maintained that his detention was based on the order of an Abuja Chief Magistrate Court.
However, barely four hours after the High Court in Abuja gave a timeline for his trial or release from detention, the security agency preferred a charge against him.
In the two-count charge marked: FHC/L/437/2023, Emefiele was accused of unlawfully possessing one single-barrel shotgun (Jojeff Magnum 8371) without a licence and thereby committed an offence under Section 4 of the Firearms Laws of the Federation 2004 and punishable under Section 27 (1) (b) (i) of the same act.
He was equally accused of having in his possession, 123 rounds of live ammunition (cartridges) without a licence. The DSS told the court that the items were recovered when it searched Emefiele’s residence at No.3B Iru Close, Ikoyi, Lagos.
Reacting, a former President of the NBA, Mr. Joseph Daudu, SAN, urged the government to take cognizance of the pronouncement of courts of competent jurisdictions, relating to the arrest and continued detention of the embattled suspended CBN governor.
He said: “I do not think that the President, Bola Tinubu, who is a newly minted President of the Federal Republic of Nigeria, will like to start his administration with the organizations under him disobeying court orders.”
Daudu maintained that the trial should be conducted according to the dictates of the law.
Similarly, an Abuja-based human rights activist, Mr. Abdulazeez Tijani, faulted the prolonged detention of Emefiele in custody on the premise that the DSS had yet to conclude its investigations.
According to him, “For more than four months, the DSS had sought to arrest Emefiele. Between that time and now, it ought to have completed its investigation.
“The DSS cannot hide under the Administration of Criminal Justice Act (ACJA) 2015, to hold a Nigerian citizen till eternity because ACJA is inferior to the 1999 Constitution.”
Chairman of the Nigerian Bar Association, Section on Public Interest and Development Law, NBA-SPIDEL, Dr. Monday Ubani, has described the charge as absolute deception.
He said: “I think these people are taking us for granted. They believed we are all fools. Did they not tell us that Emefiele was involved in financing terrorists? What has happened to that allegation? What has happened to the allegation of misappropriation of the money for printing new currency? What has happened to the allegation of stamp duty money allegedly squandered by Emefiele? What has happened to the allegation of manipulating our foreign exchange with Buhari cabals? What has happened to the allegation of operating several secret accounts not known to the Federal Republic of Nigeria?”
Also, a human rights lawyer, Barrister Jones Akpan, said the charges of illegal possession of a gun and live ammunition should be the responsibility of the police.
His words, “The DSS cannot be seen to be prevaricating and blowing hot and cold. Are they just waking up to the realization that Emefiele is in possession of firearms just only when the Courts have ordered his release? Is it within their statutory powers to charge for illegal possession of firearms?”
A constitutional lawyer and Executive Director of Environmental Rights Action/Friends of the Earth Nigeria (ERA/FoEN), Chima Williams, said the charge against the embattled ex-CBN governor was political.
He said: “Some of us see his travail as political more than any other thing. I had predicted that Emefiele will be in trouble if Tinubu becomes the president of Nigeria and there are no two ways about it, and I am not disappointed because what we thought will happen is happening.
“If we are going to move our nation forward we should look beyond the individuals and look at the laws because that is what would guarantee freedom, safety and people’s respect for institutions.”
Another constitutional lawyer, Mr. Evans Ufeli, said: “The DSS is making a mockery of itself and the presidency over Emefiele’s case though his conduct as a CBN governor was nothing to write home about, the many allegations of terrorism financing and possession of firearms should be proven in court.
“I think the DSS has been very unprofessional with the discharge of their duties as a security apparatus. Under our law, a suspect is presumed innocent until the contrary is proven. Why should the DSS act like it is a law unto itself under a democratic government? Whoever is leading this security agency is not working in the interest of Nigeria.”
In the same vein, the Chair of the Board of Trustees for Amnesty International (Nigeria), Auwal Rafsanjani, labelled the allegations as diversionary and lacking substance.
Rafsanjani stated: “I find these charges to be diversionary. At a time when our nation is grappling with numerous challenges such as insecurity, economic instability, and social unrest, it is disheartening to witness the DSS prioritize such frivolous allegations.
“It begs the question of whether this is an attempt to divert public attention from more pressing issues that require urgent resolution.”
Rafsanjani, who is also the Executive Director of the Civil Society Legislative Advocacy Centre, CISLAC, urged the DSS to focus on addressing the critical issues facing the nation.
Also, Princess Hamman-Obels, Director of the Initiative for Research, Innovation and Advocacy in Development (IRIAD), stressed the importance of due process and individual rights.