A lawyer, Mr. Peter Abang, has petitioned the Attorney General of the Federation (AGF) and Minister of Justice, Mr. Abubakar Malami, SAN, over the failed attempt by the Department of State Services (DSS) to get a court backing for the arrest and prosecution of the Central Bank of Nigeria (CBN) Governor, Mr. Godwin Emefiele, based on trumped up charges bordering on terrorism financing.
Abang, in the petition, specifically asked the AGF to commence criminal inquiry, arrest and prosecution of all persons and personnel of the service involved in the thwarted plot to frame up Emefiele for terrorism financing.
In the petition dated December 30th, 2022, and addressed to the AGF, the lawyer sought a full scale criminal inquiry into the circumstance leading to the failed attempt by the State Security Services (otherwise known as DSS) to frame the CBN Governor on allegations and trumped up terrorism financing charges as well as other sundry offences.
The petition read, “We also request that your offices conduct a thorough investigation and ultimately arrest and prosecute all persons and/or parties connected to the failed rogue operation in the overall interest of Nigeria.
“Note that this letter serves as a notice to commence an action for mandamus to compel your offices to arrest and prosecute all persons and/or parties who are connected in the event that you fail at accede to our request within seven days from the date of service of this letter to you.”
Chief Judge of the Federal High Court sitting in Abuja, Justice John Tsoho, had on December 9 declined to grant an ex parte application by the DSS on the grounds that sufficient evidence indicting Emefiele of wrong doing was not produced to compel the court to issue an order for the CBN governor’s arrest.
Justice M. A. Hassan of a High Court of the Federal Capital Territory (FCT), on his part, had restrained the security agency from harassing, arresting, intimidating Emefiele over what he described as baseless and oppressive charges.
Ruling in the DSS’ motion filed by one U.S. Gambarawa, the CJ had held, “Upon perusal of the documents that constitute the applicant’s Motion Ex parte dated and filed on 7/12/2022, I am constrained to make the following vital observations: 1, The entire affidavit depositions, especially as per paragraph 4 of the supporting affidavit, purport that preliminary investigation has revealed various acts of Terrorism Financing, fraudulent activities perpetrated by the Respondent and his involvement in economic crimes of national security dimension.
“These are no doubt, grave allegations, but which the applicant has not presented any concrete evidence to support.
The applicant should have taken the court into confidence while seeking the exercise of its discretion in favour of granting the application.
“It is my respectful opinion that the ipse dixit of the application standing on its own, is not sufficient evidence upon which to deprive a person of his liberty.”
In a related ruling, Hassan on December 29, 2022, restrained the DSS and four others from arresting or detaining Emefiele over alleged trumped up charges bordering on terrorism financing.
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 had held that the DSS, “acted wrongfully and illegally in instigating President Muhammadu Buhari against Mr. Godwin Emefile 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.”
