Ozekhome Carpets DSS After Secret Police’ Clarification On Emefiele, Bawa’s Continued Detention

Senior Advocate of Nigeria, Chief Mike Ozekhome, has described the continued detention of the suspended governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, and the embattled chairman of the Economic and Financial Crimes Commission (EFCC) by the Department of State Services (DSS) as shameful, disgusting and illegal.

Recall that President Bola Tinubu had on June 9 suspended the CBN governor from office, paving the way for investigation into his tenure at the apex financial institution.

The next day, he was arrested by DSS operatives at the Murtala Muhammed International Airport, Lagos state, and is still being detained by the secret police.

THE WHISTLER, however, reported that a Federal Capital Territory High Court sitting in Maitama, Abuja, had on July 13 given the DSS seven days to charge the suspended Emefiele to court or release him from detention.

The following day, the DSS charged him with illegal possession of firearms, though he was eventually granted N20 million bail which was subject to the perfection of certain conditions.

He was rearrested by the secret police at the court premises, drawing angry reactions from the Nigeria Bar Association among others.

The federal government under whose purview DSS operates has also filed fresh charges against him on Emefiele.

Also, Abdulrasheed Bawa was detained by the DSS on June 14, 2023, and for him, no charges have been filed yet despite his continued detention.

But the DSS Public Relations Officer, Peter N. Afunanya, on August 7, maintained that the secret police operated within the rule of law, denying any form of illegality regarding Emefiele and Bawa.

“Many had gone to town with stories of DSS fragrant disobedience to Court Orders especially in view of the last episodes at the High Courts in Lagos and Abuja. With what played out at the Court on 27th July 2023 under Justice Okpe, the Service immediately applied and obtained a detention Order from a Magistrate Court. So, Emefiele is legally detained. For reasons that the Emefiele case is subjudice, the Service will restrain from making further comments on the subject matter.

“Whether on Emefiele, Bawa or Nnamdi Kanu, the Service has obeyed judicial orders and handled the cases procedurally and in accordance with the rule of law. Critics are encouraged to be a bit more discerning and up their research capabilities,” he stated.

But Ozekhome, in his statement made available to THE WHISTLER , stated that the detention of the duo is clear in violation of that their fundamental rights.

He explained that the offences against Emefiele were bailable and do not require prolonged detention.

His words in part, “It is clear to me that Mr. Godwin Emefiele’s rights have been grossly and wantonly violated with impunity under the thin guise of investigation. What manner of investigation? The order of the Court granting him bail has since been rendered futile by his subsequent re-arrest and detention.

“The DSS’ wanton acts of brigandage throw us back into the ignoble Hobbessian State of Nature, where life was short, solitary, nasty and brutish. So disgusting. So shameful. So horrific. Godwin Emefiele’s offences (and Bawa’s, if any), as already charged, are bailable (see sections 35 and 36 of the 1999 Constitution as amended).

“As regards Bawa’s alleged offences, we still do not even know till date. By the way, who is afraid of Emefiele? And who is afraid of Bawa? And why? I do not know. Or, do you? Both Emefiele and Bawa have presumption of innocence enuring in their favour (section 36(5) of the 1999 Constitution as amended). See DAUDA V. FRN (2018) 10 NWLR (pt. 1616) 169 and NKIE v. FRN (2014) LPELR-22877 (SC). Two options are available here to this wobbly and fumbling government that is fast donning the garb of military (sorry, civilian) dictatorship and absolutism: charge Emefiele and Bawa to court; or RELEASE them promptly and unconditionally. Please, sirs/mas, let my people go. Let Emefiele and Bawa go (Exodus 8:1).”