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Court Stops DSS From Arresting Emefiele Over Alleged Terrorism Financing
A Federal Capital Territory, High Court sitting in Abuja, has held that the continued harassment of governor of Central Bank of Nigeria, CBN, Godwin Emefiele, over trumped up allegations of terrorism and sundry offenses by Department of State Security, DSS, was illegal and constitutes a breach of his rights to personal liberty, dignity of human person.
The court also held that the harassment violated his rights to policy making powers freedom of thought, conscience and religion and movement as respectively provided and enshrined under the Constitution of the Republic of Nigeria, 1999 (as Amended) and the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act and, therefore, unconstitutional and illegal.
The court consequently restrained the DSS in particularly, from any continued harassment, arrest etc., of Emefiele over any trumped-up allegation, unless an order of a superior court was first obtained.
The plaintiff in the matter, Incorporated Trustees of Forum for Accountability and Good Leadership, had dragged the Attorney-General of the Federation, Economic and Financial Crimes Commission, EFCC, DSS, Inspector General of Police, IGP and CBN to court and prayed that they be stopped by the court from further harassing Emefiele.
Granting the request, trial judge, Justice M. A. Hassan, ordered: “That any form of invitation to Emefiele, the Governor of CBN in the exercise of his statutory powers, functions and duties and continuous threats by the 4th respondent (DSS) 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.
“That the 4th respondent (DSS) acted wrongfully and illegally in instigating the President of the Federal Republic of Nigeria against 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.
“It is further ordered that the 4th respondent (DSS), their agents, servants, privies and all officers under their control and command are hereby restrained from instigating the arrest or arresting, interrogating and detaining Emefiele, the CBN 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.
Meanwhile, the court declined request for the award of N5million as cost against the DSS, EFCC and IGP.