“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.