A group of constitutional and human rights lawyers has filed committal proceedings in the High Court of the Federal Capital Territory (FCT) against the Director General of the State Security Service (DSS), Mr Yusuf Magaji Bichi, for allegedly violating multiple court judgements and orders directing the release of suspended Central Bank Governor, Mr Godwin Emefiele.
The applicants, led by M Maxwell Opara and Ahmed Tijani, have asked the Court to imprison Mr Bichi until he clears himself of the contempt.
Specifically, form 48 which was brought under order IX, rule 13, Sherriff and Civil Process Act, CAP S6, LFN 2004, reads: “Take notice that unless you obey the directives as contained in the order of the court delivered on the 13th day of July 2023, you will be guilty of contempt of court and will be liable to be committed to prison.”
In their Motion filed before the Court for the issuing of form 48 and form 49 which are the forms to commence proceedings to commit a contemnor to prison, the lawyers assert that by the judgments and orders of Justice M. A. Hassan, Justice Hamza Muazu and Justice Bello Kawu, the DG DSS ought to have released Mr. Godwin Emefiele from detention.
In the affidavit in support of the application, the consortium deposed to the fact Hon. Justice M. A. Hassan restrained the Respondents in that Suit particularly the State Security Service from arresting, detaining, or interrogating Mr Emefiele for offences connected to Terrorism financing, money laundering, round tripping, financial crimes of national security dimension, etc.
It is their deposition that despite the clear and positive orders of Justice Hassan, the State Security Service still went ahead to arrest and detain Mr Emefiele and has so detained him for well over a month while shopping for evidence which does not exist.
While addressing newsmen after filing their processes at the Registry of the Court, Mr Maxwell Opara said the group will pursue the matter to its logical conclusion and ensure that Mr Bichi is sent to prison so as to serve as a deterrent to other heads of security agencies and top government officials that contempt of court and gross abuse of their offices for personal vendetta will no longer be tolerated.
Mr Opara also called on President Bola Ahmed Tinubu to immediately relieve Mr Yusuf Bichi of his appointment as DG SSS for having obviously misled the President that Mr Emefiele had committed heinous crimes against the State only for him to now file a charge of possession of a validly registered pump action rifle against Mr Emefiele.
“Is it not clear enough to Nigerians that the SSS is persecuting Mr Emefiele if after holding him for 5 weeks they can only file a ridiculous charge of possessing a validly registered pump action gun?,” Mr Opara asked.
He continued “If possessing a validly registered pump action gun is a crime worthy of being held in perpetuity, what has the SSS done to the person threatening Nigerians from a particular section of the country with an assault rifle? This clearly shows the travail of Mr Emefiele is more for political reasons than for any other.”
He concluded by questioning that assuming there was no valid court order since the DSS had been unable to find any evidence against Mr Emefiele, he was entitled to his release and how much more now that three different courts have ordered his release, the SSS is still holding him in unlawful detention and violating all his rights, hence the reason why the consortium will ensure Mr Yusuf Magaji Bichi ends up being committed to prison.