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It’s too risky to free Emefiele – DSS *Debunks terrorism, currency swap charges
“Any attempt to grant the applicant bail at this stage of the investigation may interfere with other exhibits yet to be collected and jeopardise ongoing investigation in the matter, the Federal Government, told Justice Hamza Muazu, of the Federal Capital Territory (FCT) High Court, Abuja, currently hearing the fundamental rights application filed by embattled Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele.
It was the outcome of a stiff legal battle between the lawyers of the FG, including the Office of the Attorney General of the Federation (OAGF) and the Department of State Services (DSS), the defendants against those of the Emefiele, suspended on June 7, by President Bola Tinubu, before the judge adjourned till July 13 for a ruling.
It was on a day the DSS, told the court that the CBN boss would flee the country if granted bail, adding that he had enormous resources to interfere with their investigations, the same argument, maintained by the OAGF, which defended his continued detention, describing him as a “flight risk.”
In separate counter-affidavits they filed in a fundamental rights enforcement suit by the suspended CBN chief, the OAGF argued that Emefiele’s life was not in danger to warrant him being granted bail, while the DSS warned that he could interfere with its investigations if released.
With both, respondents in the suit, maintaining that justice would not be served if he was allowed to walk free, the DSS particularly denied that Ememfiele was in danger, countering the the allegation that he was not allowing his family members and lawyers to visit him.
In its own affidavit, the OAGF dismissed the speculation that Emefiele was being held for terrorist-related crimes. It also said he was not being victimized for his involvement in politics and the botched naira redesign policy.
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.
“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, which maintained that Emefiele was being held pursuant to an order of a competent court, added that the suspended CBN boss was arrested “upon reasonable suspicion of committing acts which constitute a criminal breach of trust, incitement to violence, criminal misappropriation of public fund, economic sabotage, economic crimes of national security dimension and undermining the security of the Federal Republic of Nigeria.”
It added: “Upon the arrest of the applicant, a detention order was duly and promptly procured from a court of competent jurisdiction to enable the 2nd and 3rd respondents to keep the applicant in lawful custody for a period of 14 days when it became apparent that investigation into the allegations levelled against him would take a little while to conclude.
“Also, the arrest of the applicant is not in connection with his financial or monetary policies, including the recent re-design of the naira which was approved by His Excellency, the former president of the Federal Republic of Nigeria.
“The applicant is still being investigated and as soon as the investigation is completed, the applicant will be immediately charged to court where necessary. The applicant has enormous resources at his disposal and can easily interfere with an ongoing investigation and even evade subsequent arrest if released on bail.
“The applicant is a flight risk and there is credible intelligence that he making a frantic effort to flee the country if released prematurely on bail. The investigation has assumed a wider dimension and other collaborators fingered in the course of the investigation are at large and ought to be traced and arrested to enable a successful prosecution.
“Any attempt to grant the applicant bail at this stage of the investigation may interfere with other exhibits yet to be collected and jeopardize ongoing investigation in the matter. The activities of the applicant constitute a potent threat to national security and cohesion of the Nigeria state.
“The applicant instituted this suit with the sole aim of preventing the 2nd and 3rd respondents from discharging their statutory mandate by seeking to use this court to fetter the hands of the 2nd and 3rd respondents in the ongoing security investigation.”
Tijani Gazal, Senior Advocate of Nigeria (SAN), who represented the OAGF, while urging the court to dismiss the suit, on the ground that Emefiele’s allegation of unlawful detention was unfounded, said as the suspended CBN governor was being detained on the order of an FCT Chief Magistrates Court, adding that Emefiele’s arrest and detention was an administrative decision of an arm of the Executive arm of government.
Lawyer to the DSS I. Awo, who also said there was a subsisting order to detain Emefiele, urged the court to dismiss the suit with cost.
But Emefiele’s Lawyer, Joseph Daudu (SAN), who argued that the court has the jurisdiction to hear and determine the suit, pointed out that the alleged offences listed against his client were state offences that could be tried by the High Court of the FCT.
“He is running in contempt of the court. Justice Lifu should be arrested because he is acting in contempt of the court which is a criminal act,” were the exact words with which the African Democratic Congress (ADC), demonstrated its angst over the court ruling on Monday, ordering its de-registration as a political party in Nigeria.
A furious Bolaji Abdullahi, spokesman of the party, told his host while appearing as a guest on Monday’s edition of Politics Today, a public affairs programme on Channels Television that the judge of the Abuja Federal High Court who gave the order was actually playing with fire because of the consequences.
Directly accusing him of playing the script of the All Progressives Congress (APC), to ensure that President Bola Tinubu emerged the sole candidate for the 2027 presidential election, the party spokesman, was emphatic that the plan would not work, as head or tail, ADC must be on the ballot in all the elections.
Hear him: “There is a Court of Appeal order saying don’t hear this case until October 27. So, on what basis? You can’t place something on nothing. The Court of Appeal said don’t act on this until I hear it on October 27. So, on what basis did he deliver the judgement
“So, for us in the African Democratic Congress, what we’re convinced and they know is what they have done has no leg to stand on legally. What they want to do is to create doubts in the minds of the people that this ADC has too many legal cases, can we actually run on this? And to distract us. But we’re not distracted.
“We’re very clear. It was in spite of all they have done since ADC came on board that we ran one of the best and one of the most comprehensive direct primaries in the history of democracy in Nigeria. So, we are strong enough to withstand this. And that’s why I’m saying that we are going to contest in 2027. We’re ADC. We don’t buckle before dictatorship.”
Stressing on the implication of the judgement, which also affected Accord Party (AP), Action Peoples Party (APP), Action Alliance (AA), and Zenith Labour Party (ZLP) for allegedly failing to meet constitutional and electoral performance requirements, following a suit by the National Forum of Former Legislators, he said it portended grave danger.
He added: “We are not surprised. We know that the Nigerian people believe that there is a problem with the judiciary, but what we did not expect is the level of judicial rascality that was demonstrated today.
“What we are saying is that we reject it in its totality, and we are saying that the people behind this are playing with fire. Hundreds, if not thousands, have obtained nomination forms and contested elections and emerged as candidates on the platform of the ADC.”
Peter Obi, candidate of the Nigerian Democratic Congress (NDC), in the 2027 presidential election, is peeved at the decision of the Federal High Court, Abuja, ordering the de-registration of the African Democratic Congress (ADC), saying the move is a heavy blow and dangerous to Nigeria’s democracy.
Justice Peter Lifu, who made the order, based on an action brought by National Forum of Former Legislators, agreed that the parties, including Accord Party (AP), Action Peoples Party (APP), Action Alliance (AA), and Zenith Labour Party (ZLP), failed to meet the requirement for continued existence in Nigeria.
But Obi, who left the ADC coalition to join the NDC, incidentally, based on what he explained resulted from the multiple court cases hanging on its neck, expressed his disenchantment, in a statement by the Peter Obi Media Reach (POMR), on Monday.
Signed by Ibrahim Umar, its spokesman, the group quoted the former Governor of Anambra State as decrying the growing damage to the nation’s sacred institutions on the altar of politics.
Stressing that the rise of nations depended on stronger institutions devoid of political influences, the 2023 Labour Party presidential candidate, wrote on his X platform: “When the controversy surrounding the removal of the former Chief Justice of Nigeria, Walter Onnoghen, unfolded, I expressed a concern to a friend: that the greatest damage might not be immediate, but the message it sends about the sanctity and independence of our institutions to the world.
“Strong economies are built on trust. Investors can manage security risks, policy risks, and even market risks. What they fear most is uncertainty in the rule of law and a judiciary that is perceived to be vulnerable to political pressure.
“Today, many Nigerians have lost confidence in systems that should protect them. Businesses increasingly request that their contracts be governed by foreign jurisdictions because they have greater confidence in those institutions than in our own. That should concern every patriot.
“We must never sacrifice our sacred institutions on the altar of politics. Nations rise when institutions are stronger than individuals. The Federal High Court judgment ordering the deregistration of the ADC and other political parties is just one of those activities that further reduces the common man’s trust in our legal systems. It should be reversed.
“I pledge that we will restore the dignity, independence, and integrity of the judiciary. The common man must have a voice. The business community must be protected from legal uncertainty and intimidation. Justice must be impartial, accessible, and respected by all. To our judges, legal luminaries, senior advocates, and lawyers: this is your moment. Rise, defend the rule of law, take back your country! A new Nigeria is POssible.”
Not even Lamine Yamal’s second half introduction could help Spain break through the defence of debutants, Cape Verde, in their first ever meeting, as the ongoing World Cup event produced another one of the stunning results on Monday.
Yamal, the Barcelona superstar just recovering from a near two-month hamstring injury, was brought into the game in the second half to zest up the one-time world champion, but failed to break down the Cape Verde’s dogged defence.
Spain’s in the game played in Atlanta, one of the cities hosting the three-nation Mundial, displayed the same dismal outing, which saw them offering far less than the quality, which saw them lifting the trophy for the first time in 2010.
The European champions, which have not won a knockout game ever since, failed to dominate the African side, replicating their less than impressing outings and their eventual exit in 2018 and 2022 editions, even with the claims of coach Luis de la Fuente that the squad was the best in the competition, Spain were considered among the pre-tournament.
Neither Yamal nor Nico Williams, who also was hit by an injury-disrupted season at Athletic Bilbao and was not introduced until the 87th minute, were able to rise to the occasion against the 500,000 people African side, ranked 67 in the world, which is making their debut on the global stage.
In stark contrast to the searing temperatures faced by some other sides, Atlanta’s state-of-the-art air conditioned stadium meant there was no excuses for the slow tempo of Spain’s build-up.
Indeed the mid-half hydration break was met by boos with fans frustrated at the break in play despite the cool conditions.
The only serious move from the European champions only came at the sixth minute to half-time, when Marc Cucurella, fresh for sealing his move from Chelsea to Real Madrid, sent over a teasing cross that Ferran Torres turned onto the crossbar and Cabo Verde goalkeeper Vozinha got back on his feet to turn Mikel Oyarzabal’s looping header over the bar.
Even after the break, the Blue Sharks, were also able to hold back from the onslaught as they did in the first half, where Vozinho, managed to make another superlative save against Aymeric Laporte’s header just before half-time.
Despite the excitement from the crowd after he was introduced, Yamal, billed as one of the stars of the tournament, failed to create any magic with his first touch being the set-up of a decent opening for fellow substitute Mikel Merino which was too close to Vozinha.
In fact, Cabo Verde billed to take on Uruguay in Miami, nearly snatched a famous victory in the final minute of the 90 when Dani Borges planted a header too close to Unai Simon, who saved the occasion, to prevent the former world champions, billed to face Saudi Arabia in Atlanta on Sunday from humiliation.
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