Tag: emefiele

Court strikes out application by DSS to further detain Emefiele

A High Court in the FCT on Thursday struck out an application filed by the Department of State Services to secure an order to detain the suspended former Governor of the Central Bank, Godwin Emefiele for a further 14 days.

The DSS had in an application told the court that the agency has uncovered fresh evidence that warrants the request for the order.

The application which was marked FCT/HC/M/12105/2023 and heard by Justice Hamza Muazu was quietly filed yesterday by the lawyers from the agency and came up before the vacation judge today.

Justice Muazu struck out the application for being an abuse of court process and for want in jurisdiction.

When the judge questioned counsel to the DSS, Victor Ejelonu, on the court’s jurisdiction in view of the provisions of Sections 293 and 296 of the Administration of Criminal Justice Act which vests exclusive rights on the Magistrates’ Court to grant detention order, the counsel withdrew the prayer.

Emefiele, was on Tuesday granted bail in the sum of N20 million with one surety in like sum by the Federal High Court in Lagos State.

He was granted bail after pleading not guilty to the two counts bordering on the alleged illegal possession of firearms and ammunition.

Emefiele is facing two counts of illegal possession of firearms and ammunition preferred against him by the Federal Ministry of Justice before the vacation judge, Justice Nicholas Oweibo.

July 27, 2023
BREAKING: Court admits ex-CBN gov, Emefiele to N20m bail [See details]

Justice Nicholas Oweibo of a Federal High in Lagos, on Tuesday admitted the suspended Central Bank of Nigeria, (CBN) Governor, Godwin Emefiele to bail in the sum of N20million.

Emefiele is standing trial on a two-counts charge bordering on possession of a single barrel shot gun, as well as possession of123 rounds of live ammunition without licences

He, however, pleaded not guilty to the charge.

After his plea, defence counsel, Mr Joseph Daudu, SAN, who led four other senior advocates, informed the court of a bail application filed on behalf of the defendant.

Dedence counsel told the court that same had been served on the prosecution, adding that there is a stamp of the office of the Attorney General as proof.

But the prosecutor, Mrs N.B Jones, objected to the bail application on the grounds that she had not been served with a copy of the application.

She informed the court that her office had been on the look out for a possible bail application of the defendant but had seen none.

She added that since she has just been aware of the application in court, she then requires time to respond by way of affidavit, since facts have been deposed.

Besides, she noted that since there is no sitting Attorney General of the Federation (AGF) at the moment, the defence could not have effectively served same.

But defence counsel told the court that the prosecutor had no excuse not to proceed today in response of the bail application as same had been duly served on prosecution’s office.

He argued that the office of the AGF is a creation of statute, and so cannot exist in a vacuum.

He urged the court to so hold

In a short ruling the court agreed with the submission of defence counsel, and urged him to move the defendant’s bail application.

Moving the application, defence counsel urged the court to admit the defendant to bail as he is not a flight risk being, a reputable former Governor of CBN.

He told the court that the defendant had been kept in custody for long and had lost so much weight and so, requires medical attention.

Defence also informed the court that the defendant will be available to stand trial , adding that assuming the prosexutor had produced a witness, the defence would have been ready to proceed.

He therefore, urged the court to grant the defendant bail.

In response, the prosecutor informed the court that she wss opposed to the bail application of the defendant as he was a flight risk

She told the court that the defendant had refused to submit his international passport which indicates such flight risk

Besides, she also told the court that being a very influencial citizen of Nigeria, the defendant could also interfere with the case and evidences intended to be led by prosecution.

She urged the court to refuse bail

In his rulling, Justice Oweibo agreed with the submission of the defence counsel on the grounds that the offence for which the defendant is charged is bailable.

The court held that bail can only be denied where any of the circumstances set out in section 162 of the Administration of Criminal Justice Act, is established.

The court held that the prosecution has not furnished such circumstances before the court.

The court consequently, granted bail to the defendant in the sum of N20 million with one surety in like sum

The court held that the surety must depose to an affidavit of means. and have a landed property .

He urged that the defendant be remanded in custody of the correctional service pending perfection of bail

The court adjourned the case until Nov. 14 for trial

In the charge, the prosecutor, told the court that the defendant who resides at No 8 Colorado street in Maitama Abuja, committed the offence on June 15, at No. 3b Iru close, Ikoyi Lagos.

He was alleged to have in his possession a single barrel shot (Jojeff Magnum 8371) without licence.

The defendant was also alleged to have in his possession, 123 rounds of live ammunition cartridges, without licence.

The offence contravenes the provisions of sections 4 and 8 of the Firearms Act, Cap F28, Law of the Federation, 2004.

July 25, 2023
Lawyers pray court to watch brief in charge against Emefiele

A group known as the Coalition of Nigerian Civil Society on Tuesday prayed a Federal High Court to allow it hold a watching brief in the arraignment of immediate past Governor of Central Bank of Nigeria Godwin Emefiele charged with illegal possession of firearms

The group represented by five senior lawyers stormed the court and took their seats at the back saying they are lawyers in defence of democracy.

The court has granted them permission to watch.

Emefiele was arraigned on two-counts bordering on illegal possession of firearms

Details to follow…

July 25, 2023
BREAKING: Suspended CBN gov, Emefiele pleads not guilty to illegal possession of firearms

The suspended Central Bank of Nigeria (CBN), Godwin Emefiele, on Tuesday pleaded not guilty before a Federal High Court Lagos, to a charge of illegal possession of firearms.

The Department of State Services (DSS) charged him with two counts bordering on alleged possession of firearms.

In the first count, Emefiele is accused of possessing a single-barrel shotgun (JOJEFF MAGNUM 8371) without a licence, which is contrary to Section 4 of the Firearms Act, and punishable under Section 27 (1b) of the same Act.

In the second count, the suspended CBN governor is accused of having in his possession 123 rounds of live ammunition (cartridges) without a licence, which is contrary to Section 8 of the Firearms Act and punishable under Section 27 (1)(b)(il) of the same Act.

Details to follow…

July 25, 2023
Just In: Embattled Emefiele scheduled to appear in court, next Tuesday

The suspended Governor of the Central Bank of Nigeria (CBN), Mr Godwin Emefiele, is scheduled to appear before the Lagos Division of the Federal High Court on July 25.

The embattled CBN boss, who has been in the custody of the Department of State Services (DSS), will enter his plea before Justice Nicholas Oweibo, following allegations levelled against him by the security agency.

TheNewsGuru.com, (TNG) recalls the DSS operatives stormed Emefiele’s Ikoyi residence in Lagos on June 10, a day after he was suspended as the CBN governor by President Bola Tinubu.

Subsequently, he was arrested and has remained in custody with the DSS asserting that his detention was based on the order of an Abuja Chief Magistrate Court.

However, a consortium of human rights lawyers, led by Mr Maxwell Okpara and Ahmed Tijani, has criticised Emefiele’s continued detention, accusing the DSS of violating existing court judgments.

To challenge this prolonged detention, the legal practitioners filed a contempt action against the Director General of the Department of State Services, Mr Yusuf Bichi.

The human rights group is also calling for Bichi’s dismissal following a tweet posted on the official DSS Twitter handle, where they were referred to as “charge and bail lawyers” and sympathisers of the Indigenous People of Biafra (IPOB).

Meanwhile, the DSS has filed a two-count charge against Emefiele at the Federal High Court, accusing him of unlawfully possessing a single-barrel shotgun (Jojeff Magnum 8371) without a license, which is an offence under Section 4 of the Firearms Laws of the Federation 2004, and punishable under Section 27 (1) (b) (i) of the same act.

Additionally, he faces charges of possessing 123 rounds of live ammunition (cartridges) without a license.

As the legal proceedings unfold, all eyes will be on the upcoming trial to determine the outcome and implications for Emefiele’s future and the case’s impact on the nation’s financial and political landscape.

July 21, 2023
Emefiele: Coalition seeks suspension of DSS boss over agency’s ‘IPOB lawyers’ gaffe

A coalition of lawyers under the aegis of Lawyers in Defence of Democracy, has said that the allegation by Department of State Services, DSS that the lawyers defending suspended Governor of Central Bank, CBN Godwin Emefiele are IPOB members, is provocative and anti-igbo.

There was outrage nationwide on Monday over allegation by Department of State Services, DSS that the lawyers defending suspended Governor of Central Bank, CBN Godwin Emefiele are IPOB members.

The Department of State Services on Tuesday described the lawyers who filed contempt charges against DSS Director-General, Yusuf Bichi, over the continued detention of embattled former Governor of the Central Bank of Nigeria, Godwin Emefiele as “charge and bail lawyers”.

The service in a series of tweets posted via its official handle noted that the lawyers were headed by an “overzealous and uninformed IPOB/ESN lawyer”.

The secret police said: “Charge and bail, overzealous uninformed IPOB/ESN lawyer Maxwell Okpara mobilises other like-minded lawyers against DG.SSS. Futile Efforts. Well, Nigerians, beware! This is in bad faith. Transferred aggression. A Biafran Republic agitator and Outlawed IPOB counsel defending the suspended CBN Governor. Is IPOB defending one of theirs.”

Reacting to what it describes as “unprofessional conduct and ethnic profiling by the DSS,” the coalition of lawyers in a statement signed by Tijani Ahmed and Maxwell Opara demanded sack of director general of DSS, Yusuf Bichi, saying that the DSS is anti-igbo, and outburst is evidence that Emefiele is being held on personal vendetta.

They noted that the DSS statement is an insult to the sacred institution of the judiciary, hence President Bola Tinubu should ensure the suspension or sack of the DG for such unprofessional conduct.

The lawyers wondered why and how the secret police arrived at the baseless conclusion that the lawyers are IPOB members.

They added that the outburst is part of their plans to silence Emefiele’s lawyers because they clearly have nothing against him.

The groups said: “The DSS is clearly frustrated. They have nothing against Emefiele. This is just an example of kettle calling pot black. A rogue agency who at several occasions refused to obey court orders, is pointing fingers at someone else.

“How can an intelligence agency, write this kind of trash on her official Twitter handle? A total disgrace. A nation’s secret police tweeting something so irresponsible. The APC led government need to prove to Nigerians that the DSS is an agency of the nation not the political elite by sacking Yusuf Bichi now!!!. We are waiting, the international community is watching. This is disgraceful. We won’t tolerate any disrespect to the judiciary.”

July 19, 2023
Emefiele: ‘Outlawed IPOB counsel defending him’ — DSS

The Department of State Services (DSS) tackled person Maxwell Okpara, the counsel of the suspended Central Bank of Nigeria (CBN) Governor, Godwin Emefiele.

DSS in a series of tweets on Tuesday, accused Okpara of mobilising “other like-minded lawyers” against Yusuf Bichi, director-general of DSS, over Emefiele’s detention.

The service wrote: “Charge and bail, overzealous uninformed IPOB/ESN lawyer Maxwell Okpara mobilises other like minded lawyers against DGSS. Futile Efforts. Well, Nigerians, beware! This is in bad faith. Transferred aggression.

“Is IPOB defending one of theirs? What a contradiction. What’s the connection? Is someone telling us something? May Maxwell be properly educated on points of law, please.”

Okpara is one of the lawyers fighting to secure the release of the embattled CBN governor.

July 18, 2023
60 Lawyers sue DSS over refusal to release Emefiele

No fewer than 60 legal practitioners on Monday, approached a High Court of the Federal Capital Territory to begin committal proceedings against the Department of State Services (DSS).

The lawyers said the suit was hinged on what they described as violation of multiple judgments and orders of court directing the agency to release former Central Bank Governor, Mr Godwin Emefiele.

The lawyers led by Mr Maxwell Opara and Mr Ahmed Tijani, prayed the court to commit the DSS to prison so the department clears itself of the contempt.

The lawyers filed a motion before the court for the issuance of Form 48 and Form 49, which are the forms used to commence proceedings to commit a contemnor to prison.

The lawyers said that by the judgments and orders of Justice M. A. Hassan, Justice Hamza Muazu and Justice Bello Kawu, the DSS Director-General ought to have released Emefiele from detention.

In an affidavit in support of the application, the lawyers deposed to the fact Justice Hassan restrained the respondents, particularly, the DSS from arresting, detaining, or interrogating Emefiele.

This was with regards to offences connected to terrorism financing, money laundering, round tripping, and financial crimes of national security dimension.

They also deposed that despite the clear and positive orders of the court, the DSS went ahead to arrest and detain Emefiele and detained him for over a month while shopping for evidence, which did not exist.

Addressing newsmen after filing their processes, Opara said the group would pursue the matter to its logical conclusion and ensure that Bichi was sent to prison.

He said this was to serve as a deterrent to other heads of security agencies that disobedience of court orders would no longer be tolerated.

Opara also said it was preposterous that the DSS had accused Emefiele of having committed heinous crimes against the state only for it to now file a charge of possession of a validly registered pump action rifle against him.

“Is it not clear enough to Nigerians that the DSS is persecuting Emefiele if after holding him for five weeks they can only file a ridiculous charge of possessing a validly registered pump action gun?”

“This clearly shows that the travail of Emefiele is more for political reasons than for any other.”

July 17, 2023
BREAKING: Court gives DSS 7 days to charge Emefiele to court or release him

The Federal Capital Territory High Court sitting in Maitama, Abuja has given the Department of States Services, DSS, seven days to charge the suspended Governor of Central Bank of Nigeria, Godwin Emefiele, to court or release him from detention.

The suspended governor of the Central Bank of Nigeria had sued the Office of the Attorney-General of the Federation and the Department of State Services, DSS for arresting and detaining him in a commando style, alleging the agencies were carrying out a political witch-hunt against him due to his “people-oriented financial policies which several political actors are not comfortable with and are now looking for any means to scandalize and smear his image and reputation.”

Emefiele sought for his release from the DSS facility through his fundamental rights application filed on his behalf by his lead counsel, J.B. Daudu SAN.

He urged the court to make a declaration that the arrest of suspended CBN governor without any charge against him or any order of court for his arrest constitutes violation of his fundamental rights.

He equally prayed for a declaration that the applicant is entitled to his liberty and freedom of movement as well as an order directing the immediate and unconditional release of Emefiele or in the alternative, grant him bail.

He also sought an order restraining the defendants from further detaining the applicant on the guise of committing any offense, adding that a N5 billion cost should be awarded against the defendants.

Recall that President Bola Tinubu had on June 9 suspended the CBN governor from office, paving way for investigation into his tenure at the apex financial institution.

The CBN Deputy Governor, Operations, Folashodun Adebisi Shonubi, was subsequently directed by the president to step in, in acting capacity.

About 24 hours after his suspension, the DSS apprehended him at the Lagos airport and transferred him to its headquarters in Abuja.

But the AGF and DSS had raised preliminary objections to Emefiele’s applications and affidavit in support of it.

In its counter affidavit filed by its counsel, I. Awo, the DSS denied the allegation of a political witchhunt, saying “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.”

Awo further contended that upon the arrest of the applicant, a detention order was obtained from a Magistrate court 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.

He said Emefiele was flown to Abuja through a private jet and not in a commando style.

On its part, the OAGF’s legal team urged the court to decline jurisdiction on Emefiele’s request for release, adding that only the Federal High Court can determine it.

The OAGF added that Emefiele having been suspended, was not immune to arrest or investigation as ordered by the president.

In his verdict on Thursday, Justice H. Muazu held that it is his view that the FCT High court has original jurisdiction to preside over issues bordering on fundamental human rights.

He dismissed the respondents preliminary objection on jurisdiction,
saying it is lacking in merit and the court has jurisdiction to entertain the case.

On the main suit by Emefiele, the judge held that the respondents complied with relevant laws by obtaining an order from the Magistrate court before arresting Emefiele.

He added that a subsisting order of the court cited by Emefiele does not grant the applicant immunity from any arrest, adding he has not shown that his arrest and detention was unlawful.

However, he said the applicant is entitled to right to fair hearing and the continued detention of the suspended CBN cannot continue when there is no formal charge against him.

“Justice demands that the applicant be released on administrative bail,” he said.

“I hereby make an order that the respondents within one week charge the applicant to court or release him on bail,” the judge held.

The embattled governor had been detained for 34 days since June 10.

Reacting to the court’s decision, Emefiele’s lawyer, J.B. Daudu SAN said he expects his client to be released on bail today.

He maintained DSS cannot keep him in detention and be conducting investigation.

July 13, 2023
Falana urges DSS to arraign Emefiele and Bawa in court if it had evidence of indictment.

Human rights lawyer, Femi Falana, SAN has asked the Department of State Services (DSS) to speed up the investigation into the cases involving the suspended Chairman of the Economic and Financial Crimes Commission (EFCC), Abdulrasheed Bawa and the suspended Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele.

Recall that Emefiele was arrested on June 10 over allegations of terrorism financing,vwhile Bawa was nabbed by the secret services over allegations of abuse of office levelled against him.

Falana in an interview on Channels Television politics today, urged the DSS to arraign the duo in court if it had an evidence of indictment.

He argued that the continued detention of Emefiele and Bawa did not reflect the implementation of the Administration of Criminal Justice Act.

The Senior Advocate of Nigeria urged the Nigerian government to handle the cases in line with the provisions of the law to avoid a situation whereby loopholes are exploited.

“Investigations should be speedily conducted, more so where allegations are made. I do not expect any delay in the investigation of the very serious allegation that has been made,” he stated.

“In the case of Emefiele, the State Security Services last year alleged his involvement in terrorism financing. Please, quickly do something about that. With respect to money laundering and other offences, take them to the appropriate agencies of government.

“In the case of Mr Bawa, we haven’t been told the offences he committed. I cannot speak very confidently with respect to the gentleman except to ask the government or the agencies involved to speed up an investigation and have them arraigned if they are indicted.”

July 1, 2023