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BREAKING: There must be an end to detention, angry judge chides FG on Emefiele *Orders bail of ex-CBN boss
Relief may finally be coming for Godwin Emefiele, embattled former Governor of the Central Bank of Nigeria (CBN), following another bail granted him this time by a Federal High Court sitting in Maitama, Abuja, the second time since his arrest on June 10, 2023, a day after he was suspended by President Bola Tinubu.
Justice Olukayode, ruling on a bail application filed lawyers to the former CBN boss, ordered the Federal Government to release him to his lawyers, exactly 152 days after he was arrested by men of the Department of State Services (DSS), on June 10.
Apart from ordering that Emefiele must be brought to court for arraignment whenever he was needed, the court, also ordered that his international passport should be deposited before the court, adding that there must be an end to detention, without trial.
“The court must also not overlook the fact that he has been in detention for 151 days and the Federal Government and the Attorney General of the Federation must abide by court order,” he said while adjourning the substantive motion on notice as well as the preliminary objection, to November 17, 2023 for hearing.
Hours after his suspension by Tinubu on his 12th day in office, men of the DSS were pictured taking the former CBN boss into a private jet after his arrest in Lagos and flown to their facility in Abuja, where he had been since June 10, a situation the court frowned at during its sitting on Wednesday.
The apex bank’s boss was initially granted bail on Tuesday, July 25, 2023 by Justice Nicholas Oweibo, of the Federal High Court Lagos, after Emefiele, 61, pleaded “not guilty” to the two counts of illegal possession of firearm and ammunition filed against him by the Federal Government.
In a fierce encounter the DSS seized him from the hands of men of the Nigerian Correctional Services (NCS), to whom he was handed over to the court, pending the perfection of his bail, and taken away once again, only for the same agency to withdraw its charges against the nation’s former number one banker.
Against back and forth claims of a plea bargain and denial of same, the DSS officially freed him on October 26, but as he was stepping out apparently with the joy of breathing the air of freedom, he was again seized by officials of the Economic and Financial Crimes Commission (EFCC) and detained once again.
Following a fresh action to press for the enforcement of his fundamental rights, the court had ordered that he be freed or be properly arraigned, an order which the EFCC obeyed in breach on Monday, before finally succumbing on Wednesday.
Dressed in a yellow Kaftan and a cap and flanked by operatives of the EFCC, the former CBN governor arrived at the courtroom at about 12:30 pm on Wednesday, looking unruffled and waving at the crowd comprising of family members and other onlookers.
Mathew Burkaa, his lawyer, who applied the former CBN boss be admitted to bail on liberal terms, having been in the custody of security agencies for 151 days, had relied on the provisions of Section 35 (4a and b) of the 1999 constitution to press for his rights to freedom.
But, objecting to the application, Onyi Koleosho, representing the Attorney General of the Federation (AGF) and the Federal Government, pointed out that Emefiele was transferred to the custody of the EFCC on October 26, which was not up to two months, adding that a hearing notice had already been issued by the court to the effect that he would be arraigned on November 15, 2023, in respect of a pending charge filed by the office of the AGF.
Pleading for the court to decline the application in the interest of justice, and to avoid a situation where the scheduled arraignment may interfere with investigations.
He added that releasing the former apex bank’s boss would pose further problems and difficulties for the prosecution to get him to attend court next week, for his arraignment, a position Farouk Abdallah, lawyer to the EFCC also agreed with, even though he acknowledged that the issue of bail is at the discretion of the court.
Again countering Emefiele’s lawyer argued that his he had not been served any charge to date, assuring that the former CBN governor is not a flight risk and did not have the capacity to stop his arraignment by the Federal Government next week, adding that Nigeria would lose nothing by granting him bail from detention where he had been all the while.
During the proceeding, Emefiele, who was also given the room to address the court, explained that no charge was formally brought against him from when his ordeal began till date.
In a quick riposte on Saturday, Dave Umahi, Minister of Works, has cautioned Nigerians to be circumspect in the manner they react to the story of the death of a female student in his home in Ebonyi State, warning against the temptation of jumping to conclusion.
Conveying his position on the highly-volatile matter through Francis Nwaze, his spokesman, Umahi, former Governor of Ebonyi State and a key figure in the government of President Bola Tinubu, said caution was needed to enable the police conduct unfettered investigation into the matter.
It was his response to breaking of how one Mary Habila, a female physiotherapist reportedly died in his palatial home at Uburu, Ohaozara Local Government Area of Ebonyi State, on June 27, hours after arriving the day before.
Nwaze, a Senior Special Assistant on Media and Publicity, specifically cautioned against speculations by “tale bearers,” while conveying the Minister’s shock over the matter and his eagerness for the authorities to get at the root of the matter through forensic investigations.
He wrote in the statement: “The attention of the Media Office of the Honourable Minister of Works, Senator Engr. David Nweze Umahi, has been drawn to a publication by a publication concerning the unfortunate passing of Miss Mary Habila in Uburu, Ebonyi State, alleging that the circumstances surrounding her death were shrouded in secrecy.
“The Honourable Minister received the news with profound shock and sadness and has since extended his heartfelt condolences to the bereaved family. For the avoidance of doubt, immediately the unfortunate incident occurred, appropriate emergency steps were taken. Medical personnel, including the Chief Medical Director of the David Umahi Federal University of Health Sciences, Uburu, were contacted without delay, while the Nigeria Police was promptly notified in accordance with the law.
“Following confirmation of Miss Habila’s passing, the Honourable Minister personally received her parents, conveyed his sincere condolences, and advised that an autopsy be conducted to scientifically establish the exact cause of death. At the time, however, the family declined the recommendation.
“It is important to clarify that Miss Mary Habila and Miss Anita Baski are employees of the David Umahi Federal University of Health Sciences, Uburu, who had been on secondment to the Federal Ministry of Works as physiotherapists for the past three years until the unfortunate passing of Miss Habila.
“Following the recent developments and in the interest of ensuring that the truth is established beyond doubt, the Honourable Minister has again reiterated his position that an autopsy must be conducted. He remains convinced that this is the most credible and responsible path to resolving all questions surrounding the unfortunate incident.
“We therefore urge the public to exercise restraint, refrain from speculation or premature conclusions, and allow the relevant authorities to carry out their responsibilities without interference. At this difficult time, our thoughts and prayers remain with the family of the deceased, and we pray that God grants them the strength to bear this irreparable loss.”
The circumstances that led to the sudden death of Mary Habbila, a Nigerian female student died in the Uburu, Ohaozara Local Government Area of Ebonyi State, home of Dave Umahi, Minister of Works, has now thrown the entire household and environs into serious quandary.
SaharaReporters, which first broke the revealed that the incident, which happened since June 27 this year, has been shrouded in secrecy, with both the Ebonyi State Government and the state police command maintaining silence over the matter.
The incident, the report, added, took place barely a day after Habbila and another woman, Anita Baski, both from Kaduna State, were reportedly brought to the minister’s residence, triggering a police investigation, with the case transferred from the Ohaozara Divisional Police Headquarters to the Ebonyi State Criminal Investigation Department (SCID) in Abakaliki.
Habbila and Baski reportedly arrived at the minister’s residence on June 26 to “attend” to him, only for Habbila to be found dead inside the residence the following morning under circumstances investigators are still trying to establish.
Police sources were quoted by the paper as saying that Jonathan Bawado, a police officer who serves as Senator Umahi’s Personal Assistant and previously worked as his Aide-de-Camp (ADC) during his tenure as Governor of Ebonyi State, alerted medical personnel after Habbila was discovered unresponsive.
Subsequently, a doctor and an ambulance were dispatched to the residence, while Tobechukwu Godwin, Chief Superintendent of Police (CSP) Divisional Police Officer (DPO) of Ohaozara Police Division, was notified of the incident, the report said, adding that at the hospital Chihurumnanya Alo, a Professor and Consultant Public Health Physician, Infectious Diseases Specialist and Chief Medical Director of the David Umahi Federal University Teaching Hospital (DUFUTH), Uburu, was also alerted about the incident.
The police who subsequently conveyed Habbila’s body to a mortuary, were said to have handed over the identification tag attached to Habbila’s to the Ebonyi State Police Command by the said DPO, as part of the ongoing investigation.
SaharaReporters, quoted a senior police officer, with knowledge of the case as saying: “The case has been transferred to the State Criminal Investigation Department in Abakaliki,” but, however declined to provide further details, citing the ongoing investigation.
Unlike in other cases, security operatives in Nigeria have upped the ante by adding the arrest of perpetrators to the menu of rescue operations, with the announcement of the capture of eight terrorists who participated in the abduction of school teachers and students in Oyo State on May 15.
All the 46 pupils, students and teachers abducted by terrorists from three schools in Oriire Local Government Area of Oyo State, regained their freedom on Friday, after about 56 days in captivity, with several others reportedly also neutralised during the operation.
Giving a clue of what transpired during the operation, Bayo Onanuga, who broke the story of the feat, said it was the outcome of sustained security operations, which also foiled the attempt by the abductors to secure the release of one of their captured leaders.
Onanuga, Special Adviser to the President on Information and Strategy, using his X handle to give details about the operation, said: “Finally, all the kidnapped pupils and teachers in Orire, Oyo have been rescued by our security agencies. In the course of the rescue operation, eight of the kidnappers were arrested and are now in DSS custody, while some of them were neutralised.”
“There was no quid pro quo in the rescue as one of the terrorists, a kingpin, that the kidnappers demanded his release, is being prosecuted for his atrocities. The security agencies will give full account soon.”
The victims were abducted on May 15 when heavily armed bandits attacked Community Grammar School, Baptist Nursery and Primary School, and L.A. Primary School in the Esiele and Yawota communities of Oriire Local Government Area, seizing dozens of pupils, students and teachers.
The abduction sparked nationwide outrage, with parents, labour unions, traditional rulers and civil society groups mounting sustained pressure on the authorities to secure the victims’ release.
The incident also triggered an indefinite strike by the Nigeria Union of Teachers in Oyo State over growing insecurity in schools.
President Bola Tinubu had condemned the attack and ordered security agencies to intensify intelligence-led operations to rescue the captives and bring the perpetrators to justice.
The President subsequently dispatched a high-powered Federal Government delegation to the affected communities, approved the deployment of specialised rescue assets and authorised the recruitment of 1,000 forest guards to strengthen security across Oyo State.
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