The Chief Judge of the Federal High Court, Justice John Tsoho, has turned down a request by the Directorate of State Service (DSS) to arrest the Governor of Central Bank of Nigeria (CBN), Mr Godwin Emefiele, over allegation of terrorism financing.
After a motion exparte was moved by the DSS, Justice Tsoho, in his ruling dated December 13, 2022 told the agency to put the CBN governor on notice of the pendency of the motion, adding that if they felt strongly convinced about the allegation against him, they can as well arrest and detain him without a court order.
In his ruling on the Exparte Motion, the court held, “In the light of the foregoing reasons, I decline to grant this application Ex-Parte. If the Applicant believes that the evidence available to it so far is sufficient, then it can as well arrest and detain the Applicant, even without the Order of this Court.”
The Respondent in this application was named as “Godwin Emefiele” without disclosure of his status or position anywhere; not even in the affidavit. It is left to speculation if the “Godwin Emefiele” is the same person as the serving Governor of the Central Bank of Nigeria or not.
If it is, then he is unarguably a high ranking Public Official in Nigeria and indeed occupies a sensitive position as one of the key drivers of the nation’s economy.
“Therefore, an application of this kind should have evidence of the approval of the Respondent’s boss, that such measures are authorised to be taken. I however do not find such evidence in this instant application, whereas it Is a necessary procedure In the observance of the Rule of Law.
“It is noted that it has been the practice of the Applicant to seek detention of a Respondent or further detention, for a definite period of time, when such Respondent is already arrested and Is in thelr custody and that fact Is clearly
disclosed In the supporting affidavit.
“This is not the situation here, as Godwin Emefiele, the CBN Governor was shown on Television, even last night, having audience with the President of Nigeria. It therefore seems that the Applicant Intends to use the Court, as a cover for an irregular procedure, which is unacceptable.
“In the light of the foregoing reasons, I decline to grant this application Ex parte. If the Applicant believes that the evidence available to it so far is sufficient, then it can as well arrest and detain the Applicant, even without the Order of this Court. If however the Applicant desires to still pursue this application, then it should place the Respondent on Notice, considering the
sensitive Public Office that he occupies.
“This application as presently constituted is refused,” the Judge held.
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