The attempt by the suspended governor of the Central Bank of Nigeria (CBN), Godwin Emefiele to secure his release from behind the custody of the Department of State Services (DSS), has further recorded an extension as the High Court of the Federal Capital Territory on Tuesday fixed July 13 for the ruling on the enforcement of a fundamental rights suit filed by Emefiele.
The adjournment implies Emefiele will still spend no fewer than 21 days with the DSS behind bars.
Justice Hamza Muazu fixed the July 12 date after listening to submissions made by parties in the case on Tuesday.
Listed as 1st to 3rd respondents in the suit filed by Emefiele are the Attorney General of the Federation, the Director General of the State Security Service, and the State Security Service.
During the proceedings, counsel for the AGF, 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 stated Emefiele’s arrest and detention by the DSS is an administrative decision of an arm of the executive and that the jurisdiction is determined by the relief sought by an applicant.
He also stated that the allegation of unlawful detention is unfounded as the embattled CBN boss is being detained on the order of an FCT Chief Magistrate Court.
Consequently, he urged the court to dismiss the application.
On his part, the second and third respondents, represented by 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 costs.
In contrary, counsel for Emefiele, Joseph Daudu, SAN, argued that the offences listed against Emefiele are state offences that could be entertained by the FCT High Court.
He argued that, contrary to the preliminary objection raised against the originating summons on notice by the respondents, the court has the jurisdiction to entertain the matter.
Recall that on June 16, the court had ordered the DG of the Department of State Services, Yusuf Bichi, to grant the suspended CBN Governor access to his lawyers and family.
Justice Hamza Muazu of the FCT High Court made the order last Friday, even as he emphasised that access is a constitutional right of Emefiele.
The enrolled order dated June 16, 2023, read, “The lawyers of the applicant shall have access to the applicant immediately. And regularly at a reasonable time, pending the determination of the application.”
The court order followed an application filed by Emefiele’s counsel, J.B. Saudi, SAN, who told the court that the DSS had failed to respond to previous letters requesting access to his client.
Both the counsel to the DSS and the office of the Attorney-General of the Federation requested an extension of time to file their responses to the originating motion.
The court granted the request and further adjourned the suit to Tuesday, June 20, (yesterday) 2023, for hearing.
Recall that Friday, June 09, President Bola Tinubu as one of his first strike, had ordered the immediate suspension of Mr. Emefiele from office as the Governor of the CBN.
The suspension which took immediate effect was disclosed by the Director of Information, Office of the Secretary to the Government of the Federation, Willie Bassey in a statement.
He had explained that the suspension of the CBN governor was based on an ongoing investigation as well as planned reforms in the financial sector.
He had added that Emefiele has been directed to immediately hand over the affairs of his office to the Deputy Governor (Operations Directorate) pending the conclusion of the investigation and the reforms.
The statement had read partly: “President Bola Tinubu has suspended the Central Bank Governor, Godwin Emefiele, from office with immediate effect.
“This is sequel to the ongoing investigation of his office and the planned reforms in the financial sector of the economy.
“Emefiele has been directed to immediately hand over the affairs of his office to the Deputy Governor (Operations Directorate), who will act as the Central Bank Governor pending the conclusion of the investigation and the reforms.”
The Federal High Court in Abuja, had earlier summoned Emefiele, over a $53 million judgement debt arising from the Paris Club refunds.
The presiding judge, Inyang Ekwo, mandated that the court will not hear Emefiele’s motion for stay until he appears before it.
In 2022, Emefiele reportedly was initially invited to appear before the court on January 18, 2023, to explain his refusal to obey a valid order for payment of a $70m debt.
The CBN governor allegedly only released $17 million, leaving $53 million in unpaid debt.
Following his suspension, the DSS on Saturday 10th June, barely 24 hours after his suspension, confirmed that Emefiele, was now in its custody.
This was made known in a statement via the agency’s Twitter handle on Saturday, June 10, 2023.
The statement had read, “The Department of State Services (DSS) hereby confirms that Mr Godwin Emefiele, the suspended Governor of the Central Bank of Nigeria is now in its custody for some investigative reasons.
“The public, particularly the media, is enjoined to apply utmost caution in the reportage and narratives concerning this.”
…Stakeholders link political undertone to his suspension, detention
Meanwhile, political undertone has been linked to Emefiele’s suspension and detention.
It is believed Emefiele who reportedly nursed presidential ambition for the 2023 general elections used his position as governor of CBN to foster political interest.
Allegations have been laid against him that the Naira redesign policy which caused Nigerians hardship, was a political instrument he deployed to frustrate the ambition of certain key players.
On Monday, the Delta State chapter of the All Progressives Congress (APC) accused former Deputy Senate President, Ovie Omo-Agege, of being the brain behind Emefiele’s participation in the APC presidential primary to scuttle Asiwaju Bola Tinubu’s ambition.
The claim was disclosed in a letter written to the President on Monday titled, “Attempts by Senator Ovie Omo-Agege to scuttle presidential ambition of President Bola Tinubu through recruitment of Mr Godwin Emefiele, anti-Tinubu campaign stance and anti-party activities.”
The letter, which was signed by the State APC Secretary, Inana Michael; Delta North Chairman, Tom Onah; South Chairman, Nelson Ogharama, and Central Chairman, Michael Orunefe, partly read: “Your Excellency, you will recall that at a point ahead of the party’s National Convention in June 2022, members, especially those of us from Ika South Local Government Area, got information Omo-Agege had plans to issue party membership card to the CBN Governor, Godwin Emefiele, and we objected to his plans. We told him it was not morally right for Emefiele to contest and that it will affect your chances to secure the Presidential ticket.
“All efforts to make Omo-Agege see reasons fell on deaf ears but he convinced Emefiele and assured him that he would get the party’s National Publicity Secretary, Felix Morka, whom he planted as a spy, to help get Emefiele the ticket.”
The party recalled the story “which confirmed the story that the APC Ward chairman eventually gave Emefiele the membership card in February, 2021.”
“The name of the ward chairman is Mr Nduka Erikpume and the Ika South APC Local Government Chairman is Hilary FadaIbude.
“These two were the ones who also signed our state leaders’ expulsion letters on the instructions of Omo-Agege. Their offence was that they opposed Omo-Agege’s position to recruit Emefiele to contest the presidential election against you,” the State Chapter said.
The Delta APC leaders alleged that on the night of the APC convention, Omo-Agege instructed Delta delegates to vote against Tinubu who he alleged stood no chance against their ‘anointed’ candidate.
They added that virtually every delegate was aware of Omo-Agege’s stance, “but as God would have it, the former Lagos governor won the primary convincingly.”
Furthermore, the Delta APC leaders alleged that ahead of the general elections, Omo-Agege supported the opposition Labour Party rather than APC.
“Mr President, we enclose herewith posters and videos of Omo-Agege and Labour Party candidate, Mr Peter Obi, posing ahead of the election to the fact that he and his group never worked for you. We cannot continue this way in Delta. We, therefore, call on you to ask Omo-Agege to free the state APC of his stranglehold so it can breathe freely,” they alleged.
