The Department of State Services (DSS) informed the Federal Capital Territory High Court on Tuesday that if bail is granted, Godwin Emefiele, the suspended Governor of the Central Bank of Nigeria, would flee the country.
The Attorney General of the Federation also supported the DSS’s argument, referring to Emefiele as a “flight risk.”
Emefiele, who is challenging his detention by the DSS and the denial of access to his family members and lawyers, was suspended by President Bola Tinubu and subsequently detained by the DSS on June 10, 2023.
During the hearing on Tuesday, both the DSS and the Office of the Attorney General of the Federation (OAGF) presented separate counter-affidavits in response to a fundamental rights enforcement suit filed by the suspended CBN governor.
The OAGF’s affidavit dismissed speculations that Emefiele was being held for terrorist-related crimes and clarified that he was not being targeted due to his involvement in politics or the failed naira redesign policy.
The OAGF said: “Issues of terrorism financing and fraudulent activities are not part of the grounds for the arrest and detention of the applicant.
“The respondents have not violated the applicant’s right to live in any way, his life is not in danger. The respondents did not subject the applicant to any judicial adjudication to warrant the allegation of denial of a fair hearing.
“With the remand order issued by a court of competent jurisdiction, the said violation of the applicant’s right to freedom of movement does not arise.
The respondents did not subject the applicant to any torture, the details of which have not been provided.”
The DSS, on its part, said that Emefiele was being held pursuant to an order of a competent court.
It added that the suspended CBN boss 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 dimension and undermining the security of the Federal Republic of Nigeria.”
Tijani Gazal a Senior Advocate of Nigeria representing the Office of the Attorney General of the Federation (OAGF), requested the court to dismiss the lawsuit, asserting that Godwin Emefiele’s claim of unlawful detention was baseless.
Gazal stated that the suspended CBN governor was being detained based on an order from an FCT Chief Magistrates Court. He informed the court that the OAGF, listed as the first respondent, was challenging the court’s jurisdiction to hear the case.
The Senior Advocate of Nigeria argued that Emefiele’s arrest and detention were administrative decisions made by a branch of the Executive arm of the government. He emphasized that a court’s jurisdiction is determined by the specific relief sought by an applicant.
After hearing arguments from all parties involved, Justice Hamza Muazu adjourned the case until July 13th, when a ruling will be made.
