Six legal luminaries who are mostly Senior Advocates of Nigeria have asked the Federal Government to ensure the Department of State Services (DSS) obey the court orders from the Federal High Court and an Abuja High Court which had restrained them from arresting, detaining or intimidating the Central Bank Governor, Godwin Emefiele.
The Six Senior Advocates of Nigeria (SANs), including a former Attorney General of the Federation and Minister of Justice, Adetokunbo Kayode warned the federal government against planned moves by the Department of State Service (DSS) to arrest and frame the Governor of Central Bank of Nigeria (CBN
They urged the Attorney General of the Federation and Minister of Justice, Abubakar Malami to ensure full adherence to the rule of law and advise security agencies, especially the DSS to comply with the court order of the courts and not do anything that will cast the present administration in a negative light before the international community.
The statement added that it behooves on all security agencies to obey the orders of the court until such orders are set aside by an appellate court.
Besides Kayode, who doubles as a former Minister of Defence, the other SANs who signed the letter dated January 6, 2023, are Oba Maduabuchi, Emeka Ozoani, M.M Nurudeen, Abdul Mohammed, and Dr. Emeka Obegolu.
A copy of the letter received by the office of the AGF on January 11, was titled:
‘Emefiele: Let the Rule of Law Prevail.’
The senior Advocates claimed that they have observed moves by the DSS to still proceed, sidetrack and disobey the court decisions and unduly and unlawfully interfere with Emefiele’s fundamental rights.
They, therefore, urged the Attorney General of the Federation to use his good offices to guarantee and ensure that the government, especially the security agencies, observe the rule of law as a foundation of a democratic society by complying with court decisions.
The letter read in part, “We are pleased to present our respect and best wishes to you. We are certain that you have followed with keen interest the events of the last few weeks which climaxed with the dismissal by the Chief Judge of the Federal High Court of the application of the DSS to arrest and detain the Governor of the CBN, Mr. Godwin Emefiele, under the terrorism finance laws, etc., pursuant to unsubstantiated allegations of terrorism financing and other economic crimes with national security implications. We also note the judgment of the High Court of the FCT, coram Hassan J., which in the main, pronounced on and validated the fundamental rights of Mr. Godwin Emefiele. In spite of these two categorical judicial decisions, we observe moves to still proceed and sidetrack and disobey the court decisions and unduly and unlawfully interfere with Mr. Emefiele’s fundamental rights.
”In the circumstance, we wish to urge the Hon AGF to use his good offices to guarantee and ensure that the government, especially the security agencies, observe the rule of law as a foundation of a democratic society by complying with court decisions. The court, as the last hope of the citizen, has made a pronouncement on the legal rights and obligations of citizen Godwin Emefiele, it behoves on all agencies of government to obey the order of the court, until such order is set aside by an appellate court.
Meanwhile, human rights lawyer and Senior Advocate of Nigeria, Femi Falana has said that Emefiele has not returned to the country following allegations of terrorism financing levelled against him by the DSS.
“I can say without any fear of contradiction that Mr Godwin Emefiele is not in Nigeria; he hasn’t returned to the country because he has been declared wanted by the state security services,” Falana said on Channels Television’s Sunday Politics.
Falana also said the DSS does not need a court order to arrest the CBN governor if the Service has concrete evidence against him. He urged the DSS to proceed to arrest Emefiele upon his arrival in Nigeria, noting that the apex bank governor is not one of those constitutionally entitled to immunity in Nigeria.
Also, Falana described the allegations against Emefiele by the DSS as embarrassing, saying it can only happen in a Banana Republic where the governor of the apex bank would be accused of a grave offence of terrorism financing.
He said he wondered if the federal government had considered the enormous implication of the effect of arresting a central bank governor on the economy.
He said he was surprised that President Muhammadu Buhari has not intervened in the matter by calling the DSS to order.
“Has the government considered the enormous implication of the effect of a wanted governor of the central bank on the economy?
“I am completely flabbergasted that the President of the country has not intervened; either to call the state security to order or to call Mr. Emefiele to return to the country or be fired,” the senior lawyer said.
He recalled that Emefiele’s predecessor, Sanusi Lamido Sanusi was also accused of terrorism financing in 2014 but won the case.“These guys play on our collective intelligence because they know we are very forgetful. In 2014, his (Emefiele’s) immediate predecessor, former Emir of Kano, Alhaji Sanusi Lamido Sanusi, was equally accused of terrorism financing.
“In the same way, he (Sanusi) also travelled out of the country to attend a meeting with the governors of the central banks of West Africa in Niamey, Niger Republic.
Olusola Bello
