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Court bars DSS from inviting, arresting, detaining, prosecuting Emefiele

Published

2 years ago

December 30, 2022

Central Bank of Nigeria (CBN’s) Governor, Mr. Godwin Emefiele

Justice M. A. Hassan of a High Court of the Federal Capital Territory (FCT) has 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.

Justice Hassan made the order yesterday, while delivering judgment in a suit marked FCT/HC/CV/GAR/41/2022, filed by the Incorporated Trustees of Forum for Accountability and Good Leadership.

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.

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“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.”
Before Thursday judgment, Justice Hassan had on December 23, granted an ex parte application restraining the defendants from arresting and detaining the CBN governor.

The application with motion number: GAR/M/92/2022 had the Attorney General of the Federation (AGF), the Economic and Financial Crimes Commission (EFCC), Inspector General ( IG) of Police, State Security Service (SSS) and the Central Bank of Nigeria (CBN) as 1st, 2nd, 3rd,4th and 5th respondents respectively.
The court in its ruling agreed with applicant’s lawyer, Mr. Emeka Ozoani, SAN, that the continued harassment of Emefiele over trumped up allegations of terrorism and sundry offenses was illegal and constitutes a breach of his fundamental rights, rules of African charter, Constitution amongst others.
It subsequently issued a restraining order against the 4th respondent (SSS) particularly, from any continued harassment, arrest etc over any trumped up allegations, unless an order of a superior court is first obtained.

The Court held that Exhibit A, submitted by the SSS which was the Affidavit also submitted to Justice John Tsoho of the Federal High Court, Abuja, did not substantiate or provide any material fact of terrorism, adding that the SSS acts are obvious attempts to interfere with the rights of Emefiele.
The court aligned with the 5th respondent’s position that there was a process for the removal of a CBN Governor, noting that the continued harassment and interference by the 4th respondent particularly was embarrassing in the light of statutory provisions.

In an affidavit in response to the ex parte, the EFCC stated that it has no case against the governor and that Emefiele was not under its investigation.

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The anti-graft agency accordingly asked that they be discharged from the matter being unnecessary parties.
However, the court held that obviously, all other respondents except the SSS were nominal parties as no case was really made against them.
Although, the judge held that the applicant had shown sufficient locus standi to initiate the suit in line with the Fundamental Human Right Rules, Justice Hassan stated that it would not award damages as the suit was not taken out by Emefiele himself.

“Upon hearing Emeka Ozoani, SAN, of counsel for the applicant move in terms of the motion.
“The application is granted as follows. It is hereby ordered: That the 2nd, 3rd and 4th defendants / respondents are hereby restrained in the interim, whether by themselves, their officers, agents, servants, privies or acting through any person or persons howsoever, from inviting, arresting and / or detaining the Governor of Central Bank, Mr. Emefiele with particular allegations of acts of terrorism financing, fraudulent activities, or in any other manner whatsoever that may interfere with his right to freedom of movement, personal liberty, human dignity or in any way interfere with the performance and discharge of his Official functions and duties as Governor of the Central Bank of Nigeria, pending the hearing and determination of the motion on notice,” the judge held.
While refusing to make an order setting down the substantive Originating Summons for hearing and determination on a day-to-day basis until the final determination of the suit, Justice Hassan, however granted request for an accelerated hearing.
“That the time within which the respondents are to file counter affidavit to the motion on notice and the substantive Originating Summons is hereby abridged to two days.
“That the applicant time is hereby abridged to one day within which the applicant shall file further affidavit to the respondents”, the court ruled.
The Chief Judge of the Federal High Court, Justice John Tsoho had on December 9, declined to grant the request of the DSS seeking to arrest, detained and interrogate Emefiele over alleged financing of terrorism.
Justice Tsoho had turned down the request of the security agency on the grounds that it failed to provide evidence of the allegations against the CBN governor.
It was learnt that there were jubilations among workers at the headquarters of the central bank and the banking industry generally when the news of the judgment became public knowledge.
Similarly, human rights lawyers hailed the judgment. They described it as victory for the protection of human rights and the rule of law. They urged the DSS to obey the judgment without further delay. Thisday

Related Topics:Arresting court detaining DSS Emefiele Featured inviting prosecuting

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Mother, daughter who stole ponmo, stock fish in Ogun jailed six months

Published

6 hours ago

March 29, 2025

Trends Admin

Mother, daughter who stole ponmo, stock fish in Ogun jailed six months

A Magistrates’ Court in Abeokuta, Ogun State yesterday sentenced a mother, Falilatu Amidu, and her daughter, Ayisatu, to six months imprisonment each for stealing dry ponmo, stock fish and dried meat valued N1 million

The defendants, who reside at No 21 Ago-Oko area of Abeokuta, were convicted on a two-count charge of conspiracy and stealing.

The Magistrate, Mrs O.O. Odumosu, held that the evidence presented by the prosecution had proven beyond reasonable doubt that the convicts were guilty of the offence as charged.

Odumosu sentenced both mother and daughter to six months in prison each with an option of N5,000 fine.

She ordered that the convicts should refund N100,000 each to the complainant as restitution before accessing the N5,000 fine option.

Earlier, the prosecutor, Insp. Kehinde Fawunmi, had told the court that the defendants committed the offence at Lafenwa market sometime in August 2024.

Fawunmi explained that Falilatu conspired with her daughter, Ayisatu, to steal a big sack containing stock fish, dried ponmo and dried cow meat valued N1million, belonging to one Mrs kafayat Alao.

According to him, one of the defendants, Falilatu, used to help the complainant to carry load from her store in Lafenwa to where the complainant sells her items.

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“The complainant asked her to help her pick some goods from the store. She waited for over an hour and did not see the defendant, which made her to go to the store to check on her.

“On getting to the store, she did not find Falilatu, and she noticed a big bag containing dried meat, ponmo and stock fish was missing while the defendant was nowhere to be found,” he said.

Fawunmi further explained that Falilatu stole the goods and gave it to her daughter (Ayisatu) to sell. He said Ayisatu received the goods from her mother, knowing that they were stolen.

The prosecutor noted that the offence committed contravened sections 516, 390(9) and 127 of the Criminal Code Laws of Ogun 2006.

Mother, daughter who stole ponmo, stock fish in Ogun jailed six months

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Ex-Rivers HoS wife cries for help over husband’s safety

Published

6 hours ago

March 29, 2025

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Florence Nwaeke and her husband, George Nwaeke

Ex-Rivers HoS wife cries for help over husband’s safety

The wife of the immediate past Rivers State Head of Service, George Nwaeke, has voiced concerns over his whereabouts and well-being following his resignation, saying she has been unable to reach him.

Speaking to journalists on Friday, Florence Nwaeke said she became alarmed after seeing an online interview attributed to her husband, which she found suspicious.

“When he got to Abuja, he called that he had landed. I said, ‘Thank God,’” she recalled.

However, after coming across the interview, she began to fear something was amiss.

“I said, ‘That is not my husband. That is not my husband.’

“So I sent him a message. I said, ‘Are you under duress?’ I sent him a message. I said, ‘Have they kidnapped you? Talk to me now. Why are you not talking to me?’ This is the message I sent to him when I saw his interview online,” she said.

Overcome with worry, she made an emotional appeal for help.

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“Oh, Jesus, help me. Nigerians, help me. My husband is in trouble. My husband is in trouble. My husband is in trouble. My husband is in trouble. Look at the message I sent to him. See the message I sent to him. I said, ‘Daddy, why? Were you in hostage?’ I said, ‘Why didn’t you talk to me?’ These are the messages I sent to him, but he didn’t reply to me. His numbers are not going through. Nigerians, help me! Nigerians, help me!” she pleaded.

Her concerns follow allegations made by George Nwaeke against suspended Rivers State Governor Siminalayi Fubara. Nwaeke had accused the governor of plotting to back Bauchi State Governor Bala Mohammed for the 2027 presidency and of using militants to attack oil facilities. He also alleged that Fubara ordered the bombing of the State House of Assembly in 2023 to prevent his impeachment.

Florence Nwaeke, beyond raising alarm in the media, also directed a personal plea to the governor.

“Governor, help me. My husband is in trouble. He is in trouble,” she implored, claiming that her husband resigned under pressure.

However, Fubara dismissed the claims, insisting that Nwaeke had been influenced by external forces.

“The truth is that Dr. Nwaeke has been compromised, and whatever he is saying is only aimed at fulfilling his promise to those who may have paid or coerced him to lie against me,” the governor stated late Friday.

Fubara also released screenshots purportedly showing chats between Nwaeke and his Chief of Staff, Edison Ehie, where Nwaeke allegedly requested financial assistance.

Ex-Rivers HoS wife cries for help over husband’s safety

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Fubara reacts as Ex-HOS, Nwaeke accuses him of bombing oil pipelines, Rivers Assembly

Published

6 hours ago

March 29, 2025

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Siminalayi Fubara

Fubara reacts as Ex-HOS, Nwaeke accuses him of bombing oil pipelines, Rivers Assembly

Suspended Governor of Rivers State, Siminalayi Fubara has denied accusations from his former Head of Service, George Nwaeke, disclosing that he never ordered the bombing of the Rivers State House of Assembly or any Oil Pipeline.

Fubara, in a statement made available to newsmen, stated that no such thing occurred during his administration. The statement read;

“My attention has been drawn to a press briefing by the former Head of Service, Dr. George Nwaeke aired on Channels Television on Friday the 28th of March 2025. Ordinarily, I would not have responded to his claims, but to correct the erroneous impression such allegations may create in the minds of the people, and the disaffection it is bound to cause in the state and the country.”

“First, on the claim that he was aware of my discussions and plans to support Bala Mohammed’s alleged 2027 presidential bid, it is laughable that Dr. Nwaeke would be part of any high level political meeting as Head of Service, much more sitting in my alleged night meetings with Bala Mohammed and militants like he claimed. Howbeit, none of such meetings ever held.”

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“The truth is that the whole world knew when the Bauchi State Governor, as Chairman of Peoples Democratic Party Governors Forum visited the State, and there was nothing secret about the visits.”

“It is also ludicrous for Dr. Nwaeke to claim that he was aware of my meetings to encourage attacks on oil pipelines and other National assets in the State, as there was no time I held any meeting with militants or any criminal group to destabilise the State. It is on record that I have been at the forefront preaching peace in the State even in the face of obvious provocations.”

“The truth is that Dr. Nwaeke has been compromised, and whatever he is saying is only aimed at fulfilling his promise to those who may have paid or coerced him to lie against me.”

“I call on all well meaning Nigerians and the good people of Rivers State to disregard everything said by Dr. Nwaeke as they are mere desperate attempts to discredit me and my administration, and undermine the peace process by Mr. President”.