CRIMINAL PROSECUTION 28/06/2023
Emefiele May Die In DSS Custody, Embattled CBN Governor’s Brother Tells Court
Dr. Okanta Emefiele, the younger brother of the embattled governor of the Central Bank of Nigeria, Godwin Emefiele, has told the Federal Capital Territory High Court that the Office of the Attorney-General of the Federation and the Department of State Services, DSS, are witch-hunting his brother because of his “people-oriented financial policies” which several political actors are not comfortable with and are now looking for means to scandalize and smear his image and reputation.
Okanta, who warned that his brother may die in custody if not granted bail, made the allegation in his affidavit in support of the fundamental rights application filed by Emefiele’s lead counsel, J.B. Daudu SAN.
Among other prayers sought, Daudu had asked the court to restrain the DSS from further detaining his client under the guise of investigating him for terrorism financing, fraudulent activities, thereby interfering with his right to freedom of movement, personal liberty, and human dignity.
In his affidavit before the court , Okanta stated he has the consent and authority of his elder brother to depose the statement on his behalf since he was still being detained at the DSS facility.
Buttressing his allegations of a political witch-hunt by AGF and DSS, Okanta said the respondents have allegedly been applying to various courts with a view to obtaining favourable orders so as to help legalize the illegality certain unnamed politicians have finetuned against him.
“That Mr. Emefiele who served Nigeria meritoriously and brought laudable financial and monetary policies, as approved by the former president of Nigeria, Muhammadu Buhari, is now being treated like a common criminal, kept in an inhuman condition, denied food, his medications, and his spouse; family members, doctors, and lawyers, are not allowed access to him.
“I know as a fact that this policy is a serious blow to several politicians and a clog in electoral fraud in Nigeria as several dishonorable politicians set out plans to rig the 2023 General Elections through vote buying and electoral fraud, while insecurity is on the rise.
“That I know as a fact that one of such plots by these politicians includes to frame the applicant on unfounded allegations of terrorism financing, fraudulent practices as well as allegations of plots to cover up N89 Trillion stamp duty fraud, which the former administration of President Buhari had personally debunked as been untrue, unfounded and unmeritorious in all regards,” he stated.
He further alleged that these mindless and faceless politicians planned to use the instrumentality of the judicial process to intimidate, harass and oppress and force him out of office in order to continue in the “old pattern of electoral fraud and vote buying.”
He further contended that the detention of Emefiele remains illegal because it has already been determined with finality by Justice M.A. Hassan of the same court of coordinate jurisdiction in a matter between the Incorporated Trustees of Forum For Accountability and Good Leadership versus President, Federal Republic of Nigeria(Suit No: FCT/HC/GAR/CV/41/2022).
Okanta urged the court to order the release of the embattled CBN governor, adding that if the court fails to intervene, he “would be subjected to considerable physical and psychological torture, which may lead to his death, incapacitation or aggravation of his ill-health for no just cause.”
While the court has fixed July 13 for ruling on the application, the AGF and DSS had raised preliminary objections to Emefiele’s applications and affidavit.
In a counter affidavit filed by its counsel, I. Awo, the DSS denied the allegation of political witch-hunt, maintaining that it remains apolitical and does not act in the interest of any political group or persons.
“The applicant was arrested upon reasonable suspicion of committing acts which constitute a criminal breach of trust, incitement to violence, criminal misappropriation of public funds, economic sabotage, economic crimes of national security dimensions, and undermining the security of Nigeria;” he said.
Awo further contended that upon the arrest of the applicant, a detention order was obtained from a court of competent jurisdiction to enable the agency to keep him in lawful custody for 14 days having discovered that investigations into his office will take a little while to conclude.
For the AGF, its legal team urged the court to decline jurisdiction on Emefiele’s request for release following investigations into his office.
Recall that President Bola Tinubu had on June 9 suspended the CBN governor from office, to enable investigation into allegations against him.
The CBN Deputy Governor in charge of Operations, Folashodun Adebisi Shonubi, was subsequently directed by the president to step in an acting capacity.