Illegal Possession of firearm: Emefiele moves to prevent DSS from further prosecution
The suspended Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, has taken steps to prevent further prosecution by the Department of State Services (DSS).
Emefiele in a petition filed at a Federal High Court sitting in Lagos through his lawyers led by Joseph Daudu, a Senior Advocate of Nigeria (SAN), to prevent the Federal Government from continuing to prosecute him on the accusation of illegal possession of a firearm and ammunition or on any other charge for that matter.
He is also asking the court to clear him of all charges brought against him by the government, which he claims is “brazen disobedience” to the court’s current orders to release him on bond on July 25.
Emefiele also requested a second order preventing the FG from receiving any more court favours unless it complies with the bail decision.
The case was filed before Vacation Judge Nicholas Oweibo, who had admitted him to bail after his arraignment.
The application was filed pursuant to Section 6(6)(a) of the 1999 Constitution (as amended), relevant sections of the Administration of Criminal Justice Act, 2015 and under the inherent powers of the court.
Emefiele asked the justice to halt further proceedings in the current charge in order to force the government and the DSS to comply with the court’s order granting him bail or remanding him in the custody of the Nigerian Correctional Centre until he completes the terms of his bail.
According to Victor Opara (SAN), a member of the defence team, said the application was filed on August 8 and served on the FG today (Wednesday).
The applicant further claims it aims to use the court’s authority to enforce its orders not to be viewed as a paper tiger or toothless bulldog and seeks to uphold and defend the rule of law in our democracy.
Justice Oweibo has fixed Thursday, August 10, to hear the application.
Meanwhile, the DSS has reacted to the allegation that it violates court orders.
The service, in a statement by its spokesperson on Monday, August 6, titled ‘DSS and accusation of disobedience to court orders – Setting the records right’, argued that it has obeyed court orders on Emefiele, former Chairman Economic and Financial Crimes Commission (EFCC) Abdulrasheed Bawa, and the leader of the Indigenous People of Biafra (IPOB) Mazi Nnamdi Kanu.
According to the DSS, it has maintained and obeyed all the court orders and faulted the allegations.
“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. Doing so will reveal that the Service obeys orders.
“Recently, the media has been awash with various commentaries about DSS disobedience to Court Orders. These accusations, as wrong as they are, have peaked in the Emefiele saga. It may interest the public and indeed the avowed critics of the Service to note the following incidents and timelines to show that it has religiously obeyed Court orders in respect of the case and even others,” he said.
He went ahead to list the timeline of Emefiele’s case. He added that whether on Emefiele, Bawa or Kanu, the Service has obeyed judicial orders and handled the cases procedurally and in accordance with the rule of law.
A Federal Capital Territory (FCT) High Court rejected an application filed by the DSS for an order to detain Emefiele for a further 14 days.
In the application, the DSS said the request for the 14 days extension was informed by fresh evidence it uncovered in the case against the suspended CBN boss.
It was gathered that the DSS’s legal team discreetly applied on Wednesday, July 26.
However, the court presided by Hamza Muazu rejected the application due to jurisdictional issues and abuse of the legal system.
The DSS’s attorney, Victor Ejelonu, withdrew the case when the judge questioned the court’s jurisdiction and pointed out that the Magistrate Court had exclusive authority to issue detention orders under sections 293 and 296 of the Administration of Criminal Justice Act.
The application came in the wake of Emefiele’s rearrest by the DSS at the premises of the Federal High Court in Lagos, following his remand in a correctional centre pending the fulfilment of his bail conditions.
Emefiele was rearrested by the DSS on Tuesday, July 25, minutes after he was arraigned and granted bail by a Federal High Court in Ikoyi, Lagos.
The development followed a physical altercation between operatives of the DSS and the Nigerian Correctional Service (NCoS).
On Tuesday, July 25, the Federal High Court in Lagos granted bail to Emefiele after he was arraigned over charges relating to alleged gun possession.
The former apex bank chief was arraigned on two counts of illegal possession of firearms and ammunition.
