Emefiele: Ex-NBA President, Rights Activists Tackle FG On Rule Of Law Adherence
- Insist Tinubu must obey court orders promptly
BY SEGUN ADEBAYO – The continued detention of the suspended Central Bank of Nigeria (CBN) Governor, Godwin Emefiele by the Department of State Services (DSS) may be setting the Federal Government on collision course with the nation’s civil society and Human Rights community.
Leading the charge against the government are former Nigerian Bar Association (NBA) President, Joseph Daudu (SAN), Human Rights lawyers and a Rights Advocacy Group, the Centre for Social Justice and Accountability (CSJA).
Accordingly, they are demanding that the President Bola Ahmed Tinubu-led administration adhere strictly to the principle of rule of law, fairness and justice in handling of the Emefiele’s case.
While Daudu is confident that with President Tinubu’s background as a democracy advocate, he will avoid arbitrariness like a plague, CSJA’s trio of Maxwell Opara, Abdulazeez Tijani and Anthony Akpua are already perceiving danger ahead.
Their contention is that the way international business communities and relevant interests relate with Nigeria’s new administration may be affected positively or negatively by the manner in which the Federal Government handles the Emefiele’s case going forward.
The remarks are coming on the heels various court pronouncements on Emefiele’s continued detention and planned arraignment by DSS on a charge reportedly filed before the Federal High Court in Lagos.
To buttress his confidence that the Federal Government would do the needful with regards to the rule of Law, Daudu volunteered; “I do not think that the President, who is a newly minted President of the Federal Republic of Nigeria, will like to start his administration with the organizations under him disobeying court orders.
“He (Tinubu) was in the forefront as a NADECO man to chastise military governments for disobeying court orders. Now that power is in his hand, we will see whether he, himself will obey court orders”.
The former NBA Chief was reacting to the ruling by Justice Hamza Muazu of the Federal Capital Territory (FCT) High Court giving the DSS seven days to either charge Emefiele to court or release him.
In the ruling, Justice Muazu noted that the alleged offences for which the DSS holds Emefiele in custody were bailable given that they are not capital in nature as he was not accused of killing anybody.
Also making an intervention on the case, Maxwell Opara accused the DSS of creating an impression of being above the law, adding that the secret Police current handling of Emefiele clearly demonstrates its utter disregard for rule of law part that has become its second nature over the years.
Urging the President to take urgent steps at overhauling the nation’s secret Police, Opara said; “Talking about the rule of law or tendering Court’s judgment before the DSS irritates the management of the Agency,”
On his part, Anthony Akpua said the world is watching with keen interest the drama unfolding in government’s handling of the case, warning of likely consequences and its capacity to shape the country’s image in the minds of international investors as regards respecting the rule of law.
For Abdulazeez Tijani, the President must prove and establish that he is a true democrat and not a semi-democrat like some of his predecessors, noting that Emefiele was not charged to court for known criminal offences within the time allowed by law.
“For more than four months, the DSS had sought to arrest Emefiele. Between that time and now, it ought to have completed its investigation. DSS cannot hide under Administration of Criminal Justice Act (ACJA) 2015 to hold a Nigerian citizen till eternity because ACJA is inferior to the 1999 Constitution,” he said.
“The 1999 is so specific and categorical on how long a Nigerian citizen should be held. It gave maximum of 48 hours. That is the Supreme Law on the fundamental rights of the citizens and must be obeyed to the letter.
“That aspect of the Constitution does not permit and arm of security agency to hold a Nigerian citizen down and unlawfully begin to fish for evidence, as in the instant matter, to charge him to court. That is not our law”, he said.
Tijani urged President Tinubu to take steps and establish that he is not taking side with any security agency that is disrespecting the rule of law.
“Tinubu, as a true democrat, who had used the larger part of his life to fight for human rights, must use his new position to compel institutions, especially security agencies, to operate within the ambit of law.
“Arbitrariness must be eradicated. It is safer to respect the rule of law and use the instrument of law to checkmate criminality without breaching the rule of law.
“Emefiele’s case will be a big test to President Tinubu in his avowed commitment to the rule of law. Emefiele’s rights must be respected until the law court says otherwise,” Tijani said of DSS continued detention of the suspended CBN boss
However, following the court order on Thursday, the DSS approached the Federal High Court in Lagos on Friday, July 13, 2023 to file a two-count charge against Emefiele marked: FHC/L/437/2023. Emefiele is to go on trial for unlawfully possessing one single barrel shot gun (Jojeff Magnum 8371) without licence, which constitutes an offence under Section 4 of the Firearms Laws of the Federation 2004 and punishable under Section 27 (1) (b) (i) of the same act.
Arrested on June 10, 2023, a day after his suspension from office by President Tinubu, the embattled apex Bank Chief is also accused of having, in his possession, 123 rounds of live ammunition (cartridges) without licence, items said to be unlawfully kept at No.3B Iru Close, Ikoyi, Lagos “on or about the 15th June, 2023.
