The federal government through the Office of the Attorney-General of the Federation (OAGF) has dismissed the speculation that Emefiele was being held for terrorist-related crimes. the OAGF also said he was not being victimised for his involvement in politics and the botched naira redesign policy.
The OAGF said: “Issues of terrorism financing and fraudulent activities are not part of the grounds for the arrest and detention of the applicant.
The DSS also told the court that suspended Central Bank of Nigeria Governor, Godwin Emefiele, will flee the country if granted bail.
The Attorney General of the Federation also supported the argument of the DSS, describing Emefiele as a “flight risk.”.
However, counsel to Godwin Emefiele, the suspended and detained governor of the Central Bank of Nigeria (CBN), Joseph Daudu, SAN, on Tuesday, told an Abuja High Court on Tuesday that the embattled governor deserves to be released on bail.
According to him, the offences listed against Emefiele are state offences that could be entertained by the FCT High Court.
An FCT High Court on Tuesday fixed ruling in the enforcement of fundamental rights suit filed by the suspended Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, to July 13.
In his submission, Counsel to Emefiele Joseph Daudu, SAN, argued that contrary to the preliminary objection raised against the originating summon on notice by the respondents, the court has the jurisdiction to entertain the matter.
At the resumption of hearing on Tuesday, both DSS and OAGF stated these in separate counter-affidavits filed in a fundamental rights enforcement suit by the suspended CBN chief.
However, counsel to the Attorney-General of the Federation, Tijjani Ghazali , SAN informed the court that the first respondent is challenging the jurisdiction of the court to hear the case brought before it by the applicant.
He said Emefiele’s arrest and detention by the Department of State Services is an administrative decision of an arm of the executive.
He added that jurisdiction is determined by the reliefs sought by an applicant.
He therefore, urged the court to dismiss the application, submitting that the allegation of unlawful detention is unfounded as the embattled CBN gov. is being detained on the order of an FCT Chief Magistrate Court.
On his part, the second and third respondents counsel, I. Awo informed the court that there was a subsisting order to detain the applicant and therefore urged the court to dismiss the application with cost.
Justice Hamza Muazu fixed July 13 for a ruling after listening to submissions made by parties in the matter.
BRANDPOWER reports that Emefiele was suspended by President Bola Tinubu and after initial denials, he was subsequently detained by the Department of State Services (DSS) on Saturday, June 10, 2023.
Recall that the DSS had in December 2022 tried to obtain a court order to arrest Emefiele on allegations of sponsoring terrorism and economic crimes.
However, “Justice M. A. Hassan of a High Court of the Federal Capital Territory (FCT) in December 2022 restrained the State Security Service (SSS) also known as the Department of State Services (DSS) and four others from arresting or detaining the Central Bank of Nigeria (CBN’s) Governor, Mr. Godwin Emefiele over alleged trumped up charges bordering on terrorism financing.
“The judge held that the DSS, “acted wrongfully and illegally in instigating President Muhammadu Buhari against Mr. Godwin Emefiele in respect of the exercise of his statutory duty relating to the issuance of monetary policies and directives in the interest of the National Security and economy.”
Justice Hassan further declared that in view of the ruling of the Chief Judge of the Federal High Court, Justice John Tsoho in SSS Vs Mr. Godwin Emefiele in suit no FHC/ ABJ/CS/ 2255/2022 delivered on December 15, 2022, any continuous harassment, intimidation, threats, restriction and free movement, abuse of right of office, surreptitious moves to arrest, and humiliation of Mr. Godwin Emefiele over trumped up allegations of terrorism financing and fraudulent practices etc, by the 2nd, 3rd and 4th respondents and their offices were “vindictive, unwarranted, abrasive, oppressive and same constitute a flagrant breach of his rights to personal liberty, dignity and human person and illegal and unconstitutional.
“An order of perpetual injunction restraining the 2nd, 3rd and 4th respondents, their agents, servants and all officers under their command from instigating the arrest or arresting, interrogating and detaining Mr. Godwin Emefiele in respect of any matter or policy decision on the economy of the Federal Republic of Nigeria or any connected purposes.”
