Human Right Lawyers, Finance Expert Slam FG, Say Two-Count Charge Against Emefiele After One Month Detention ‘Extremely Ridiculous’

The two-count charge levelled against the suspended Governor of the Central Bank of Nigeria, Mr Godwin Emefiele by the Department of State Service have been described as a political witch-hunt targeted at him for his implementation of the naira redesign policy that almost frustrated the campaign of the then presidential candidate of the All Progressives Congress, Bola Tinubu during the last election.

Many senior government officials including President Tinubu, and some governors in the All Progressives Congress, have in the build up to the last general election faulted some of the monetary policies of the CBN under Emefiele particularly the naira redesign policy.

Tinubu had, shortly after taking over as President, suspended Emefiele from office. He had stated that it was sequel to the ongoing investigation of his office and the planned reforms in the financial sector of the economy.

The suspended CBN Governor became a guest of the Department of State Services following his arrest in Lagos by operatives of the secret State Service and airlifted to Abuja.

Emefiele was detained for over a month before the DSS was last Thursday ordered to either release him or charge him to court.

Following the order of the court, a two-count charge was quickly instituted against him by the DSS.

The DSS in the charge sheet, accused Emefiele of possessing a single-barrel shotgun (JOJEFF MAGNUM 8371) without a licence.

The government maintained that the offences are contrary to section 4 of the Firearms Act Cap F28 Laws of the Federation 2004 and punishable under Section 27 (1b) of the same Act.

In the second count, the suspended CBN Governor was accused of having in his possession 123 rounds of live ammunition (Cartridges) without a licence, which is contrary to section 8 of the Firearms Act Cap F28 Laws of the Federation 2004 and punishable under Section 27 (1)(b)(il) of the same Act.

But reacting to the two count charge by the DSS, some Human Rights Lawyers and Finance Experts said the offence allegedly committed by the suspended CBN governor does not justify his incarceration for over one month.

Those that spoke on the matter in separate telephone interviews are a Lagos-based human rights lawyer
Inibehe Effiong; a Human Rights Activist, Barrister Jones Akpan; and
the Chief Executive Officer, Dairy Hills Limited, Kelvin Emmanuel

Effiong described the charges by the DSS as “extremely ridiculous” adding that the alleged offence that Emefiele was being sued over by the DSD falls under the purview of the Nigerian police.

He said, “This (two-count charge)is ridiculous, extremely ridiculous. If you are keeping somebody in custody for over 30 days and the reason for detaining the person is possession of firearms, it shows that the agency is not serious, it shows that the government is not serious, it shows that they have taken Nigerians for a fool.

“What they said was on the insinuation that Emefiele was being detained for alleged terrorism financing, now, if you are now charging him for illegal possession of firearms and this was a charge that came about after his house was invaded, then it means that they are telling us that before his house was searched, they had no reason to have arrested him.

“Why is it the DSS that is now the one investigating the case of physical possession of firearms.

“That is supposed to be within the jurisdiction of the police because it does not necessarily affect the internal security of the country, which is what the DSS is statutorily empowered by the National Security Agencies Act to do.

“So, if it this is what led to the detention of Emefiele, then it only gave credence to the position some of us took ab-initio that this case is political and that while Emefiele may have committed some infractions, the intention of the government is not necessarily to punish him for that infractions but to prosecute him and to punish him for standing against the candidacy of Tinubu and APC in the last election. That is what this looks to be about.

He added, “If the charge is not about getting back at him for being against Tinubu, why would you keep him for one month to arrest for illegal possession of firearms. You have found the firearms and if the person does not have license, then such offence should have been charged within 24 hours.

“This is what we have been saying about this agency that it is now a political tool in the hand of occupants of Aso Rock and it makes nonsense of the entire case.

“We have said that you cannot prosecute Emefiele for the naira redesign policy which Tinubu was vehemently against because it is a policy of government approved by government and so, whether that policy is successfully implemented or not is not a crime.

“I think time has come for Nigerians to be told what is actually the mandate of the DSS. Illegal possession of firearms is a matter that the police should handle and not DSS.”

Also reacting to the issue, Akpan said the charges by the government after the court had ordered for the release of the suspended CBN governor appears to be an after-thought.

He said, “The DSS cannot be seen to be prevaricating and blowing hot and cold. Are they just waking up to the realization that Emefiele is in possession of firearms just only when the Courts have ordered his release or he be charged to Court? Is it within their statutory powers to charge for illegal possession of firearm.

“It is pertinent to ascertain who is empowered under the extant laws to issue license for firearms? The authorized agency to issue approval for gun license should be in the position to sanction those who have not been issued license.

“But come to think of it, do you think that Emefiele would not have been issued a license? There is more to this? Connect the dots. The currency issue before election. Also look at the EFCC Chairman. So this is a serious challenge to the rule of law.

“In saner climes, before arraignment, the agencies would have concluded their investigation. But here, the Agency arrested and went shopping for evidence. Initially it was terrorism charge, but now illegal possession of firearms. Even though Emefiele may have breached extant laws, let him have his day in the court. That is the essence of rule of law.”

For Emmanuel, who is the CEO of Dairy Hills Limited, he described as worrisome the culture of impunity with which law enforcement and security agencies use the instrumentality of the state to administer criminal cases.

He said the rule of law is one of the most important metric foreign investors use as a tool to measure the ease of doing business, and grounds for which to deploy capital into a country.

He said, “The culture of impunity with which law enforcement and security agencies use the instrumentality of state to administer cases in which there are allegations of breaking the law is worrisome.

“Regardless of the alleged offences of the suspended CBN Governor, Sections 35 says ‘Any person who is arrested or detained shall be informed within twenty-four hours of the facts and grounds for such arrest or detention’

“Section 36 also says ‘A person shall be entitled to a fair hearing within a reasonable time by the court or other tribunal established by law and constituted in such manner as to secure its independence and impartiality.’

“It is therefore unconstitutional that the suspended Governor of the Central Bank has been kept in detention for nearly a month against the provisions of the fundamental rights act as stipulated in the 1999 constitution,

“The rule of law is one of the most important metric foreign investors use as a tool to measure the ease of doing business, and grounds for which to deploy capital into a country.

“The government needs to understand that every single thing it does is a signal to international investors on how issues on fair hearing, fundamental human rights, quality before the law and independence of the judiciary is situated.”