The Federal Government has been urged to uphold the principles of the rule of law, fairness, and justice in the case against suspended Central Bank of Nigeria Governor Godwin Emefiele by the Nigerian Bar Association, human rights advocates, and civil society organisations.
According to reports, they argued that the recent charge of gun and ammunition possession was politically motivated and criticised the Department of State Services for arresting and holding Emefiele for almost a month.
On June 10, a day after being fired by President Bola Tinubu, Emefiele was detained at his home in Lagos. Even though he was detained on the direction of an Abuja Chief Magistrate Court, the DSS immediately filed a criminal complaint against him.
Emefiele was charged with two counts of unlawful possession of a single-barrel shotgun and ammunition without a license under the Firearms Laws of the Federation 2004. The Department of State Services claimed to have found the items during a search of Emefiele’s Ikoyi residence. According to Vanguard, the former President of the NBA, Joseph Daudu, urged the government to respect the decisions of the courts regarding Emefiele’s arrest and detention.
He said: “I do not think that the President, Bola Tinubu, who is a newly minted President of the Federal Republic of Nigeria, will like to start his administration with the organisations under him disobeying court orders.” Daudu insisted that Emefiele’s trial should follow legal procedures. Meanwhile, Abuja-based human rights activist Abdulazeez Tijani criticized the prolonged detention of Emefiele while the DSS was still investigating his case. Tijani pointed out that the DSS had been trying to arrest Emefiele for more than four months, and they should have concluded their investigation by now.
“The DSS cannot hide under the Administration of Criminal Justice Act (ACJA) 2015, to hold a Nigerian citizen till eternity because ACJA is inferior to the 1999 Constitution.” The Chairman of the Nigerian Bar Association, Section on Public Interest and Development Law, Dr. Monday Ubani, has also called the charge against Emefiele false and misleading. He said: “I think these people are taking us for granted. They believed we are all fools. Did they not tell us that Emefiele was involved in financing terrorists? What has happened to that allegation? What has happened to the allegation of misappropriation of the money for printing new currency? What has happened to the allegation of stamp duty money allegedly squandered by Emefiele? What has happened to the allegation of manipulating our foreign exchange with Buhari cabals? What has happened to the allegation of operating several secret accounts not known to the Federal Republic of Nigeria?” Human rights lawyer Barrister Jones Akpan argued that the charges of illegal possession of a firearm and ammunition should be handled by the police.
He said, “The DSS cannot be seen to be prevaricating and blowing hot and cold. Are they just waking up to the realization that Emefiele is in possession of firearms just only when the Courts have ordered his release? Is it within their statutory powers to charge for illegal possession of firearms?” Constitutional lawyer and Executive Director of Environmental Rights Action/Friends of the Earth Nigeria (ERA/FoEN), Chima Williams, believed that the charge against Emefiele was politically motivated. He said: “Some of us see his travail as political more than any other thing. I had predicted that Emefiele will be in trouble if Tinubu becomes the president of Nigeria and there are no two ways about it, and I am not disappointed because what we thought will happen is happening. “If we are going to move our nation forward we should look beyond the individuals and look at the laws because that is what would guarantee freedom, safety and people’s respect for institutions.” Vanguard also reports that another constitutional lawyer, Mr. Evans Ufeli, said: “The DSS is making a mockery of itself and the presidency over Emefiele’s case though his conduct as a CBN governor was nothing to write home about, the many allegations of terrorism financing and possession of firearms should be proven in court.
“I think the DSS has been very unprofessional with the discharge of their duties as a security apparatus. Under our law, a suspect is presumed innocent until the contrary is proven. Why should the DSS act like it is a law unto itself under a democratic government? Whoever is leading this security agency is not working in the interest of Nigeria.
” The Chair of the Board of Trustees for Amnesty International (Nigeria), Auwal Rafsanjani dismissed the charges against Emefiele as lacking substance and a distraction from more pressing issues. Rafsanjani criticized the DSS for prioritizing such frivolous allegations while the country was dealing with severe challenges such as insecurity, economic instability, and social unrest. “It begs the question of whether this is an attempt to divert public attention from more pressing issues that require urgent resolution.” Auwal Rafsanjani, who is also the Executive Director of the Civil Society Legislative Advocacy Centre, CISLAC, called on the DSS to concentrate on resolving the pressing issues affecting the country. Director of the Initiative for Research, Innovation and Advocacy in Development, Princess Hamman-Obels emphasized the significance of following due process and respecting individual rights.
