Godwin Emefiele, the suspended governor of the Central Bank of Nigeria, will leave the country if granted bail, according to a statement made to the Federal Capital Territory High Court on Tuesday by the Department of State Services.
The Attorney General of the Federation agreed with the DSS’ position and labelled Emefiele a “flight risk.”
The DSS has been holding the former head of the apex bank without allowing him to see his family or attorneys, and he is contesting this decision.
Recently, Emefiele was suspended by President Bola Tinubu and subsequently detained by the DSS on Saturday, June 10, 2023
In separate counter-affidavits submitted in the fundamental rights enforcement lawsuit brought by the suspended CBN chief, the DSS, and OAGF both made these claims at the resumption of hearings on Tuesday.
The OAGF denied in its own affidavit that Emefiele was being detained for crimes related to terrorism. He was not being victimised for his involvement in politics or the disastrous naira redesign policy, it was further stated in the statement.
“Problems of terrorism financing and fraudulent activities are not among the grounds for the applicant’s arrest and detention,” the OAGF stated.
“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.”
Emefiele was allegedly being held in accordance with a court order, according to the DSS.
Additionally, it stated that the suspended CBN boss was detained “on a 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 a national security dimension, and undermining the security of the Federal Republic of Nigeria.”
Tijani Gazal, a Senior Advocate of Nigeria, who represented the OAGF in court requested that the lawsuit be dismissed because Emefiele’s claim of illegal detention was unfounded.
Gazali stated that the detention of the suspended CBN governor was ordered by an FCT Chief Magistrates Court.
He informed the court that OAGF (listed as the first respondent) was contesting the court’s jurisdiction to hear the case.
The SAN contended that Emefiele’s arrest and detention were administrative decisions made by an arm of the government’s Executive branch. He emphasised that the relief sought by an applicant determines a court’s jurisdiction.
After hearing from the parties, Justice Hamza Muazu adjourned the case until July 13 for a ruling.
