Court stops DSS’ from arresting, detaining or prosecuting CBN Governor

An Abuja high court on Thursday barred the Department of State Services, DSS from inviting, arresting, detaining, or charging Nigeria’s Central Bank Governor, Godwin Emefiele with allegations of terrorism financing and economic crimes.

Justice M.A. Hassan of the federal high court Abuja declared the DSS move to frame or charge Godwin Emefiele for terrorism as vindictive, void, abrasive, illegal, and callous.

The application with motion number: GAR/M/92/2022 had the Attorney General of the Federation (AGF), the Economic and Financial Crimes Commission (EFCC), the Inspector General ( IG) of Police, State Security Service (SSS), and the Central Bank of Nigeria (CBN) as 1st, 2nd, 3rd,4th and 5th respondents respectively.

Justice Hassan made the order on Thursday while delivering judgment in a suit marked FCT/HC/CV/GAR/41/2022, filed by the Incorporated Trustees of Forum for Accountability and Good Leadership.

The judge held that the DSS, “acted wrongfully and illegally in instigating President Muhammadu Buhari against Mr. Godwin Emefiele in respect of the exercise of his statutory duty relating to the issuance of monetary policies and directives in the interest of the National Security and economy.”

Justice Hassan further declared that in view of the ruling of the Chief Judge of the Federal High Court, Justice John Tsoho in SSS Vs Mr. Godwin Emefiele in suit no FHC/ ABJ/CS/ 2255/2022 delivered on December 15, 2022, and continuous harassment, intimidation, threats, restriction and free movement, abuse of the right of office, surreptitious moves to arrest, and humiliation of Mr. Godwin Emefiele over trumped up allegations of terrorism financing and fraudulent practices, etc, by the 2nd, 3rd and 4th respondents and their offices were “vindictive, unwarranted, abrasive, oppressive and same constitute a flagrant breach of his rights to personal liberty, dignity and human person and illegal and unconstitutional.

“An order of perpetual injunction restraining the 2nd, 3rd, and 4th respondents, their agents, servants, and all officers under their command from instigating the arrest or arresting, interrogating, and detaining Mr. Godwin Emefiele in respect of any matter or policy decision on the economy of the Federal Republic of Nigeria or any connected purposes.”

Recall before Thursday’s judgment, Justice Hassan had on December 23, granted an ex parte application restraining the defendants from arresting and detaining the CBN governor.

The court in its ruling agreed with the applicant’s lawyer, Mr. Emeka Ozoani, SAN, that the continued harassment of Emefiele over trumped-up allegations of terrorism and sundry offenses was illegal and constitutes a breach of his fundamental rights, rules of the African charter, Constitution amongst others.

It subsequently issued a restraining order against the 4th respondent (SSS) particularly, from any continued harassment, arrest, etc over any trumped-up allegations, unless an order of a superior court is first obtained.