JUST IN: Court Strikes Out Emefieles’ Cases Against DSS

The Federal Capital Territory High Court sitting in Abuja on Wednesday struck out two fundamental rights applications filed by the siblings of the suspended Governor of Central Bank of Nigeria, Godwin Emefiele, seeking an order stopping the Department of State Services (DSS) from arresting them.

The separate suits were filed by Okanta Emefiele and George Emefiele.

In his application, Okanta through his lawyer, J.B Daudu SAN, argued that his invitation by the DSS and the office of the Attorney-General of the Federation (first and second respondents) regarding their “purported ongoing investigation” into the embattled CBN governor’s tenure amounted to violation of his fundamental rights.

The suspended CBN governor and two others had been charged for alleged procurement fraud to the tune of N6.9b in another court but he is yet to be arraigned.

In his suit marked FCT/HC/CV/7051, 2023 seen by THE WHISTLER, Okanta had asked the court to restrain security agencies from inviting or intimidating him over the allegations against his brother.

Part of the reliefs he sought reads, “A declaration that the invitation of the applicant by the 1st respondent in so far as it relates to the purported ongoing
investigation of Godwin Emefiele by the 1st Respondent amounts to an infringement of the applicant’s right to Personal Liberty Guaranteed under Sections 34(1)(a), 35(1)(3) and 40 of the 1999 constitution of the Federal Republic of Nigeria (as amended).

“An order of perpetual injunction restraining the 1st Respondent from inviting, intimidating, harassing, and arresting or detaining the Applicant, his privies, agents, and officers with
respect to matters or body of matters which relates to the ongoing
investigation of Godwin Emefiele and/or matters outside the constitutional and statutory mandate of the 1st Respondent.

“An award of examplary and aggravated damages in the sum of N10, 000, 000, 000. 00 (Ten Billion Naira) against
the 1st respondent(DSS) for the illegal and unlawful violation of the applicant’s fundamental rights by its agents, officials, servants and/or privies.”

Also, George, through Okanta’s lawyer, filed a separate fundamental rights application with similar arguments (FCT/HC/CV/7050).

But in its counter affidavit seen by THE WHISTLER, the DSS argued that part of the mandate of the secret police is to detect,
prevent and investigate Economic Crimes of National Security dimension, as well as, any activities that could sabotage the
country’s economic development and well-being.

It argued that following the arrest and detention of Mr Godwin Emefiele, his brothers have been part of the many visitors that have unhindered access to him in its detention facility.

“The investigation of Mr Godwin EMEFIELE has so far necessitated the invitation of several persons who are believed to be complicit and vital parties to the ongoing investigation for questioning by the DSS.

“That majority of the persons invited who have nothing to hide reported to the office of the DSS in honour of their invitation, as expected of every good citizen of Nigeria,” the counter-affidavit reads.

The DSS added that Emefiele’s brothers have never been invited, arrested, or detained despite their continuous visit to the suspended CBN governor, denying violating their rights.

The DSS, through their lawyers, U.N Dauda and I.Awo asked the court to dismiss the suit for “want of merit as same is speculative.”

At the resumed hearing on Wednesday, Okanta and George’s lawyer told Justice Edward Okpe that they wanted to discontinue the case.

Their notice dated August 21, obtained by THE WHISTLER reads, “Notice is hereby given that the Applicant on record in this suit hereby discontinues this suit with Suit no: CV/7050/2023 against all the Respondents, State Security Services and Attorney General of the federation.”

Subsequently, Justice Edward Okpe struck out the application in line with the applicant’s request.