DSS Vs Emefiele: Falana Congratulates CBN Governor On ‘Temporary Victory’

Human rights lawyer, Femi Falana SAN, said on Tuesday that the Governor of the Central Bank of Nigeria, Godwin Emefiele, is enjoying temporary victory over a court ruling that refused an exparte application by the Department of State Services, seeking his arrest over alleged terrorism.

Falana while speaking on Channels Television Politics Today, explained that it was surprising for the court not to order his arrest, when it had approved such applications many times for security agents.

“I want to congratulate Mr Godwin Emefiele for his temporary victory whereby the court refused to grant the application of the state security service to arrest and detain him.

“I say that he’s being lucky in the sense that on a daily basis, several exparte orders are made by our court, authorizing the detention of people of the society,” he said.

In suit no: FHC/ABJ/CS/2255/2022, the Chief Judge of the Federal High Court, Abuja, Justice John Tsoho, in a ruling around December 12, reportedly refused a DSS’s exparte application calling for Emefiele’ arrest and interrogation on the ground that the secret police did not disclose evidence to back up its “grave allegations.”

As for Falana, he argued that the court considered Emefiele’s status to give his ruling.

He advised that everyone was equal before the law, adding that Emefiele deserves the current legal travail because the relevant federal authorities are known for seeking the arrest of citizens over allegations of terrorism.

He urged the court to review its policy on fundamental rights in the sense that none should be arrested by way of exparte application, but that the accused should be put on notice as in the case of Emefiele.

“But in his(Emefiele) own case, because of his social status, the court refused to grant the application.

“I therefore call on our judges , number 1, to entertain and assign all fundamental rights applications with dispatch because there is equality before the law; 2) On no ground should our court order the arrest of any citizen on the basis of an exparte application.

“So I want to believe that our court will now adopt the policy of saying , go and put the person you want me to detain on notice so that he can be giving the opportunity to challenge the exparte applications,” he said.

City Lawyer reported the CJ ruling on the exparte application as follows:

“Upon perusal of the documents that constitute the Applicant’s Motion Ex Parte dated and filed on 7/12/2022, I am constrained to make the following vital observations:

“The entire affidavit depositions, especially as per paragraph 4 of the supporting affidavit, purport that preliminary investigation has revealed various acts of Terrorism Financing, fraudulent activities perpetrated by the Respondent and his Involvement in economic crimes of national security dimension. These are no doubt, grave allegations, but which the Applicant has not presented any concrete evidence to support. The Applicant should have taken the Court into confidence, while seeking the exercise of its discretion in favour of granting Its application. It is my respectful opinion that the ipse dixit of the Applicant standing on its own, is not sufficient evidence upon which to deprive a person of his liberty.

“The Respondent in this application is named as “Godwin Emefiele” without disclosure of his status or position anywhere; not even in the affidavit. It is left to speculation if the “Godwin Emefiele” is the same person as the serving Governor of the Central Bank of Nigeria. If it is, then he is unarguably a high ranking Public Official In Nigeria and indeed occupies a sensitive position as one of the key drivers of the Nation’s Economy. Therefore, an application of this kind should have evidence of the approval of the Respondent’s boss, that such measures are authorised to be taken. I however do not find such evidence in this instant application, whereas it is a necessary procedure in the observance of the Rule of Law.

“It is noted that it has been the practice of the Applicant to seek detention of a Respondent or further detention, for a definite period of time, when such Respondent is already arrested and is in their custody and that fact is clearly disclosed in the supporting affidavit. This is not the situation here, as Godwin Emefiele, the CBN Governor was shown on Television, even last night, having audience with the President of Nigeria. It therefore seems that the Applicant Intends to use the Court, as a cover for an irregular procedure, which is unacceptable.

“In the light of the foregoing reasons, I decline to grant this application Ex parte. If the Applicant believes that the evidence available to it so far is sufficient, then it can as well arrest and detain the Applicant, even without the Order of this Court. If however the Applicant desires to still pursue this application, then It should place the Respondent on Notice, considering the sensitive Public Office that he occupies.

“This application as presently constituted is refused.”