The ongoing saga between the suspended Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, and the Department of State Services (DSS) continues to capture attention. Emefiele has taken a decisive step by approaching the Federal High Court in Lagos, seeking to halt the Federal Government’s relentless pursuit of charges against him for alleged illegal possession of a firearm and ammunition, among other potential offences.
In a bold legal move, Emefiele is not only aiming to stop his prosecution but is also requesting the court to absolve him of all charges brought against him by a government that he accuses of openly defying the court’s prior orders. Notably, Emefiele’s plea is based on the foundation that the government’s actions are a blatant disregard of the court’s ruling granting him bail on July 25, 2023.
Furthermore, Emefiele is seeking a court order that restrains the Federal Government from benefiting from any judicial leniency unless they comply with the terms of his bail as specified by the court. Represented by accomplished Senior Advocate of Nigeria, Joseph Daudu, Emefiele’s legal team has submitted a meticulously crafted application before Justice Nicholas Oweibo, who had previously granted him bail after his arraignment.
The legal argument is rooted in Section 6(6)(a) of the 1999 Constitution (as amended), pertinent provisions of the Administration of Criminal Justice Act, 2015, and the inherent powers of the court. Emefiele implores Justice Oweibo to suspend further legal proceedings related to the ongoing charges until all lawful remedies are exhausted to compel both the government and the DSS to adhere to the court’s bail directive. Notably, Emefiele’s defense team has confirmed that the application, submitted on August 8th, has been duly served on the Federal Government.
Emefiele’s legal maneuver aims to demonstrate that the court is not a mere symbolic institution but possesses the authority and means to uphold its orders, presenting itself as an active enforcer of justice rather than a powerless entity. Emefiele contends that the application is a critical means to safeguard the court’s standing, the integrity of the legal process, and the rule of law within the democratic framework of Nigeria.
Interestingly, sources reveal that the Federal Government also entered the legal fray by filing an application on August 3rd, seeking permission to appeal against the bail granted to the suspended CBN governor. This application, submitted by a deputy director of public prosecutions of the Federation, Nkiru Jones-Nebo, also requests the court to suspend the execution of the order to place Emefiele in the custody of the Nigerian Correctional Services, proposing instead that he be remanded under the custody of the DSS.
The legal battle that transpired on July 25th, when DSS operatives confronted prison officials following the court’s decision to grant Emefiele a 20 million naira bail, adds to the intrigue. The DSS spokesperson, Peter Afunanya, later termed their actions “legally procedural,” adding to the complexities of the unfolding drama.
As the nation grapples with various challenges, including the repercussions of fuel subsidy removal, the spectacle of legal wrangling involving Emefiele and the government raises eyebrows, portraying a scenario where power dynamics overshadow more pressing national concerns.
