The Department of State Services informed the Federal Capital Territory High Court on Tuesday that if granted bail, suspended Central Bank of Nigeria Governor Godwin Emefiele will escape the country.
The Attorney General of the Federation agreed with the DSS, identifying Emefiele as a “flight risk.”
The former governor of the central bank is contesting his imprisonment by the DSS, which is refusing him access to his family and counsel.
Bola Tinubu suspends CBN Governor, Godwin Emefiele
According to the PUNCH, Emefiele was suspended by President Bola Tinubu and held by the DSS on Saturday, June 10, 2023.
At the reopening of the court on Tuesday, both the DSS and the OAGF claimed these in separate counter-affidavits submitted in the suspended CBN chief’s fundamental rights enforcement suit.
The OAGF denied in its own affidavit that Emefiele was being jailed for terrorist-related offenses. It further stated that he was not being persecuted because of his political engagement or the bungled naira redesign program.
The OAGF said: “Issues of terrorism financing and fraudulent activities are not part of the grounds for the arrest and detention of the applicant.
“The respondents have not violated the applicant’s right to live in any way, his life is not in danger. The respondents did not subject the applicant to any judicial adjudication to warrant the allegation of denial of a fair hearing.
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“With the remand order issued by a court of competent jurisdiction, the said violation of the applicant’s right to freedom of movement does not arise.
The respondents did not subject the applicant to any torture, the details of which have not been provided.”
The DSS, for its part, stated that Emefiele was being held in accordance with a court order.
The suspended CBN governor was arrested “on reasonable suspicion of committing acts constituting a criminal breach of trust, incitement to violence, criminal misappropriation of public funds, economic sabotage, economic crimes of national security dimension, and undermining the security of the Federal Republic of Nigeria,” according to the statement.
Tijani Gazal, a Senior Advocate of Nigeria who represented the OAGF, requested the court to dismiss the complaint, claiming that Emefiele’s claim of wrongful incarceration was unsubstantiated.
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According to Gazali, the suspended CBN governor was detained on the order of an FCT Chief Magistrates Court.
He informed the court that the 0AGF (identified as the first respondent) was challenging the court’s jurisdiction to hear the issue.
The SAN contended that Emefiele’s arrest and incarceration were administrative decisions made by an arm of government’s Executive branch. He emphasized that the relief sought by an application determines a court’s jurisdiction.
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