A Federal High Court sitting in Abuja has declined the application of the Department of State Services (DSS) to arrest the Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, over alleged terrorism financing.
The presiding judge, Justice J.T Tsoho, declined the DSS’ application in a ruling on Monday.
Justice Tsoho ruled that the agency, in its application, failed to present any concrete evidence to support its claims that Emefiele was involved in terrorism financing and economic crimes.
The judge said: “The entire affidavit depositions, especially as per paragraph 4 of the supporting affidavit, purport that preliminary investigation has revealed various acts of terrorism financing, fraudulent activities perpetrated by the Respondent and his involvement in economic crimes of national security dimension. These are no doubt, grave allegation but which the Applicant has not presented any concrete evidence to support.
“The Applicant should have taken the court into confidence, while seeking the exercise of its discretion in favour of ranting its application.
“It is my respectful opinion that the ipse dixit of the Applicant standing on its own, is not sufficient evidence upon which to deprive a person of its liberty.
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“The Respondent in this application is named as Godwin Emefiele without disclosure of his status or position anywhere, not even in the affidavit.
“It is left to speculation if Godwin Emefiele is the same person as the serving Governor of the Central Bank of Nigeria.
“If it is, then, he is unarguably a high-ranking public servant in Nigeria and indeed occupies a sensitive position as one of the drivers of the nation’s economy.
“Therefore, an application of this kind should have evidence of the approval of the Respondent’s boss, that such measures are authorized to be taken.
“However, do not find such evidence in this instant application, whereas it is a necessary procedure in the observance of the rule of law.
“It is noted that it has been the practice of the Applicant to seek detention of a Respondent or further detention for a definite period of time when such Respondent is already arrested and is in their custody and that fact is clearly disclosed in the supporting affidavit.
“This is not the situation here, as Godwin Emefiele, the CBN was shown on television the previous night, having an audience with the President of Nigeria.
“It, therefore, seems that the Applicant intends to use the court, as a cover for an irregular procedure, which is unacceptable.
“In the light of the foregoing reasons, I decline to grant this Exparte order. If the Applicant believes that the evidence available to it so far is sufficient, then it can as well detain and arrest the Respondent even without the order of this court,” Justice Tsoho stated.
The judge stated that if the DSS decides to pursue its application, it should place Emefiele on notice, considering the sensitive public office he occupies.
“The application, as presently constituted is refused,” Justice Tsoho added.
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