Alleged Terrorism: Court Stops DSS, EFCC From Arresting Emefiele

A High Court of the Federal Capital Territory (FCT) has stopped the Department of Security Services, DSS, from arresting the Central Bank of Nigeria (CBN) governor, Godwin Emefiele.

Emefiele had accused the DSS of plans to arrest him on trumped up charges of terrorism financing and economic crimes.

In his judgement on the motion seeking an order of perpetual injunction restraining the respondents and all officers under their control and from instigating the arrest of Emefiele, Justice M.A. Hassan, barred the DSS from inviting, arresting, detaining or charging the CBN Governor with any allegation of terrorism or fraudulent act.

The court described the plot to arrest Emefiele of terrorism as oppressive, baseless, fabricated and unacceptable.

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Apart from the DSS, other defendants in the suit are the attorney-general of the federation, the Economic and Financial Crimes Commission, EFCC and the Central Bank of Nigeria, CBN.

He ruled that any form of invitation to Mr. Godwin Emefiele in the exercise of his statutory powers, functions and duties and continuous threats by the DS$ to surrender his powers to them constitute a flagrant breach of his rights to personal liberty, dignity of human person, right to policy making powers, freedom of thought, conscience and religion and movement as respectively provided and enshrined under the Constitution of the Federal Republic of Nigeria, 1999 (as Amended) and the  African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act and, therefore, unconstitutional and illegal.

He said, “Plan to arrest Godwin Emefiele, the Governor of Central Bank of Nigeria over trumped up allegations of terrorism financing and fraudulent practices, etc by the 4th Respondent and their officers is vindictive, unwarranted, abrasive, oppressive and same constitute a flagrant breach of his rights to personal liberty, dignity of human person. right to policy making powers, freedom of thought. conscience and religion and movement as respectively provided and enshrined under the Constitution of the Federal Republic of Nigeria, 1999 (as Amended) and the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act and, therefore, unconstitutional and illegal.

“That the 4th Respondent acted wrongfully and illegally in instigating the President of the Federal Republic of Nigeria 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 National security and economy. It is further ordered that the 4” Respondent, their agents, servants, privies and all officers under their control and command are hereby restrained from instigating the arrest or arresting, interrogating and detaining Mr. Godwin Emefiele, the Central Bank Governor in respect of any matter or policy decision on the economy of the Federal Republic of Nigeria or for any connected purposes except by an order of a Superior Court.

‘That the 4th respondent, whether by themselves. their officers, agents, servants, privies or acting through any person or persons howsoever are hereby restrained from further harassing, humiliating. embarrassing, threatening to incarcerate or detain Mr. Godwin Emefiele, the Governor of Central Bank of Nigeria over trumped up allegations of terrorism financing and fraudulent practices, etc as well as threats against the peaceable execution of his statutory powers.

“That the 4th Respondent whether by themselves. their officers, agents, servants. privies or acting through any person or persons howsoever are hereby restrained from inviting. arresting and/or detaining the Governor of the Central Bank of Nigeria. Mr. Godwin Emefiele in the guise of having committed any offence with respect to allegations of terrorism financing, fraudulent activities, etc or in any other manner whatsoever interfering with his right.”