Court stops SSS from arresting, harassing CBN Gov Emefiele

A court in Abuja has restrained the State Security Service (SSS) from arresting the Governor of the Central Bank of Nigeria, Godwin Emefiele, over allegations of terrorism financing. The SSS had levelled the same allegation against him in another suit.

The Federal Capital Territory (FCT) in Garki, Abuja, issued the restraining order stopping the SSS from arresting the CBN governor on Thursday.

The court’s order w based on a suit filed by a civil society group, the Forum for Accountability and Good Leadership.

It came exactly two weeks after another court, the Federal High Court, also in Abuja, refused to grant SSS’ request for an order to authorise Mr Emefiele’s arrest.

The Chief Judge of the Federal High Court, John Tsoho, ruled that the SSS failed to provide sufficient evidence to warrant the issuance of an arrest warrant against Mr Emefiele.

The Forum for Accountability and Good Leadership filed its own suit at the FCT High Court on 19 December seeking an order stopping SSS and some other security agencies from arresting, harassing or questioning Mr Emefuele.

The organisation sued SSS along with the Attorney-General of the Federation, the Economic and Financial Crimes Commission (EFCC), the Inspector-General of Police and the CBN.

It cited the earlier Federal High Court’s order to strengthen its prayers at the FCT High Court.

Ruling on the suit on Thursday, the judge, M.A. Hassan, described the allegations of terrorism financing levelled against Mr Emefiele as trumped-up.

Mr Hassan also affirmed the applicant’s claim that the SSS was instigating President Muhammadu Buhari “in respect of the exercise of his statutory duty relating to the issuance of monetary policies and directives in the interest of national security and economy.”

Mr Hassan cited the ruling of the Federal High Court delivered by the court’s Chie Judge, John Tsoho, on 15 December.

He ruled that based on the Federal High Court’s ruling, “any continuous harassment, intimidation, threats, restriction of movement, abuse of right of office, surreptitious moves to arrest, and humiliation” of Mr Emefiele, over “trumped up allegations of terrorism financing and fraudulent practices” was illegal and unconstitutional.

He also restrained the SSS “from instigating the arrest or arresting, interrogating and detaining” Mr Emefiele in respect of any matter or policy decision on the Nigerian economy “or for any connected purposes except by an order of a Superior Court.”

Mr Emefiele has faced criticisms for the CBN’s recent policies of redesigning the country’s highest currencies and limiting cash withdrawals to N20,000 per day and N100,000 per week.

Although yet to be independently confirmed by PREMIUM TIMES, many have said the move to arrest Mr Emefiele by the SSS is a plot scripted by politicians who are uncomfortable with the new CBN policies in the lead-up to the 2023 general elections.

The cash withdrawal limits and the currency redesignation will undercut the amount of cash politicians can stockpile for illicit activities such as voter inducement and bribery of security personnel and other relevant officials during the elections which are holding in about two months.

Read the court’s orders and declarations in full:

1. That the continuous harassment, intimidation, threats, restriction of movement, abuse of right of office, surreptitious moves to arrest, and humiliation of Mr Godwin Emefiele, the Governor of the Central Bank of Nigeria, over trumped-up allegations of terrorism financing and fraudulent practices, etc by the 4th respondent (SSS) and their officers is vindictive, unwarranted, abrasive, oppressive and same constitute a flagrant breach of his right to personal liberty, the dignity of human person, right to policy making powers, freedom of thought, conscience and religion, and movement as respectively provided and enshrined under the Constitution of the Federal Republic of Nigeria, 1999, (as amended) and the African Charter on Human and People’s Rights (Ratification and Enforcement, and therefore, unconstitutional and illegal.

2. That in view of the ruling of the Chief Judge of the Federal High Court, Honourable Justice Tsoho, in State Security Service (SSS) V. Mr Godwin Emefiele, Suit No. FHC/ABJ/CS/2255/2022 delivered on 15 December 2022, any continuous harassment, intimidation, threats, restriction of movement, abuse of right of office, surreptitious moves to arrest, and humiliation of Mr Godwin Emefiele, the Governor of Central Bank of Nigeria over trumped up allegations of terrorism financing and fraudulent practices, etc by the 4th Respondent and their officers is vindictive, unwarranted, abrasive, oppressive and same constitute a flagrant breach of his rights to personal liberty, dignity of human person, right to policy making powers freedom of thought, conscience and religion and movement as respectively provided and enshrined under the Constitution of the Federal Republic of Nigeria, 1999 (as Amended) ond the = African Charter on.. Human and Peoples’ Rights (Ratification and Enforcement) Act and, therefore, unconstitutional and illegal.

3. That any form of invitation to Mr. Godwin Emefiele, the Governor of Central Bank of Nigeria in the exercise of his statutory powers, functions and duties and continuous threats by the 4th Respondents to surrender his powers to them over trumped up allegations of terrorism financing and fraudulent practices, etc constitute a flagrant breach of his rights to personal liberty, dignity of human person, right to policy making powers freedom of thought, conscience and religion and movement as respectively provided and enshrined under the Constitution of the Federal Republic of Nigeria, 1999 (as Amended) and the = African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act AND, therefore, unconstitutional and illegal.

4. That the 4th Respondent acted wrongfully and illegally, in instigating the President of the Federal Republic of Nigeria against Mr. Godwin Emefiele in respect of the exercise of his statutory duty relating to the issuance of monetary policies and directives in the interest of National security and economy.

5. It is further ordered that the 4th Respondent, their agents, servants, privies and all officers under their control and command are hereby restrained from instigating the arrest or arresting, interrogating and detaining Mr. Godwin Emefiele, the Central Bank Governor in respect of any matter or policy decision on the economy of the Federal Republic of Nigeria or for any connected purposes except by an order of a Superior Court.

6. That the 4th Respondent, whether by themselves, their officers, agents, servants, privies or acting through any person or persons howsoever are hereby restrained from further harassing, humiliating, embarrassing, threatening to incarcerate or detain Mr. Godwin Emefiele, the Governor of Central Bank of Nigeria over trumped up allegations of terrorism financing and fraudulent practices, efc, as well as threats against the peaceable execution of his statutory powers.

7. That The 4r Respondent, whether by themselves, their officers, agents, servants, privies or acting through any person or persons howsoever are hereby restrained . from inviting, arresting and/or detaining the Governor of Central Bank of Nigeria, Mr. Godwin Emefiele in the guise of having committed any offence, with respect to allegations of tereorism financing, fraudulent activities, etc or in any other manner whatsoever interfering with his right of freedom of movement, Personal liberty, human dignity or Interfering with the tenure, functions and discharge of his duties as the Governor of the Central Bank of Nigeria except by an order of superior court. 8. No order as to cost. ISSUED AT ABUJA under the hand and seal of the presiding Judge this 29th day of December, 2022.