LAGOS, Nigeria – Godwin Emefiele, the suspended Governor of the Central Bank of Nigeria, CBN, is set to be tried on charges of illegal possession of firearms and live ammunition in Lagos next week.
The Department of State Services, DSS, had previously confirmed that charges had been filed against Emefiele but had not disclosed their nature.
This development occurs on the heels of a Federal Capital Territory, FCT, High Court in Apo, Abuja, ruling on Friday, July 14, 2023, which nullified Emefiele’s arrest and detention.
A separate FCT High Court in Maitama, Abuja, had also ordered the DSS to either charge Emefiele within seven days or release him just 24 hours prior to the Apo ruling.
The charges laid against Emefiele consist of a two-count indictment.
He stands accused of possessing a single barrel shotgun (JOJEFF MAGNUM 8371) without a license, an offense contrary to Section 4 of the Firearms Cap F28 Laws of the Federation 2004 and punishable under Section 27 (1) (b) (i) of the same Act.
Furthermore, Emefiele is charged with having 123 rounds of live ammunition without a license.
These offenses were allegedly committed at No.3B Iru Close, Ikoyi, Lagos, “on or about the 15th June, 2023”, mere days after Emefiele was arrested on June 10, 2023, following his suspension by President Bola Tinubu.
DSS Spokesman, Dr. Peter Afunanya, confirmed the decision to charge Emefiele, stating on Thursday that this move was “in compliance with the court order.”
It remains to be seen how the court’s recent decisions to void his arrest and detention will impact the upcoming trial.
High Court Annuls Arrest and Detention of Suspended CBN Governor Emefiele
The High Court of the Federal Capital Territory, Apo, Abuja, has declared the arrest, detention, and interrogation of suspended Governor of Central Bank of Nigeria, CBN, Mr. Godwin Emefiele, as invalid.
The decision arrived merely 24 hours following another court’s order that he be either charged or immediately released from Department of State Services, DSS, custody.
In a judgment on an Originating Motion on Notice filed by Mr. Emefiele, Justice Bello Kawo ruled that his arrest, detention, and questioning violated a standing judgment and orders of Justice M. A. Hassan in Suit No. FCT/HC/GAR/CV/41/2022.
“Mr. Emefiele sought this court to quash his arrest and detention for being illegal and a nullity in light of the standing judgment of Justice M. A. Hassan delivered on December 29, 2022,” said his counsel, Mr. Peter Abang.
In a separate order, Justice Bello Kawu invalidated any warrant of arrest obtained by the DSS or other respondents relating to Mr. Emefiele’s allegations of terrorism financing, fraudulent practices, money laundering, round tripping, and threat to national security.
The court further granted an injunction preventing the DSS from interfering with Mr. Emefiele’s personal liberty, freedom of movement, or proceeding against him in connection with any allegations.
It also ordered the DSS to immediately release Mr. Emefiele from any detention or questioning regarding these allegations.
Counsel to Mr. Emefiele, Obed Agu, remarked on the judgment: “We were in court to seek enforcement of Justice Hassan’s judgment, which the DSS has refused to enforce. The DSS has not appealed or obtained a stay of execution of that judgment. Therefore, Emefiele, by his lawyers, came to this court to ask for enforcement of that judgment.”
Agu further explained: “When Justice Hassan ordered the DSS to charge Emefiele within seven days, they immediately went to Lagos to file a charge. But what we’re stating is that they have not obeyed the judgment of Justice Hassan obtained as far back as December 29, 2022.”
Agu appealed to President Bola Ahmed Tinubu, “Let the rule of law reign; that is what we are asking for. The DSS can charge anybody, but it must be within the constitutional provisions, which they have the authority to do. That is our position, and that is what we are asking.”
