Court hears Emefiele is a flight risk, should remain in custody

Emefiele

Court hears Emefiele is a flight risk, is detained over ‘economic crimes’

By Jeph Ajobaju, Chief Copy Editor

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Emefiele 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 dimension and undermining the security of the Federal Republic of Nigeria,” the DSS explained in court.

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Godwin Emefiele will flee Nigeria if granted bail,  the Department of State Services (DSS) has argued in court in its bid to keep the former Central Bank of Nigeria (CBN) Governor locked up for much longer.

The secret police have kept Emefiele in their dungeon since he was nabbed on June 10, the day after President Bola Tinubu suspended him indefinitely to clean up the apex bank.

The DSS initially disclosed he was being held on allegation of terrorism financing, which it is yet to spell out, and which the Office of the Attorney General of the Federation (OAGF) has denied in the latest twist in the case.

The DSS has previously disclosed to the Abuja Federal High Court the former chief banker is being detained lawfully on the order of a Magisterate.

The  OAGF aligned with the argument of the DSS at the high court, describing Emefiele as a “flight risk.”

Emefiele is challenging his detention by the DSS and prevention  from seeing his family members and lawyers, but both the DSS and the OAGF presented their counter arguments in court in separate affidavits.

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Emefiele detained for alleged ‘criminal breach of trust,’ ‘economic crimes,’ et cetera

The OAGF dismissed speculation Emefiele is being incarcerated for terrorism-related crimes, being victimised for his involvement in politics, or over the flawed naira redesign policy that threw citizens into great hardship earlier this year, per reporting by The PUNCH.

“Issues of terrorism financing and fraudulent activities are not part of the grounds for the arrest and detention of the applicant,” the OAGF said in its affidavit.

“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.”

The DSS averred in its on affidavit Emefiele is being held pursuant to an order of a competent court.

He 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 dimension and undermining the security of the Federal Republic of Nigeria,” the DSS explained.

OAFG counsel Tijani Gazal, SAN urged the court to dismiss the suit because Emefiele’s allegation of unlawful detention is unfounded.

Gazali said the man is being detained on the order of a Federal Capital Territory (FCT) Chief Magistrate’s Court.

He also told the court:

  • The 0AGF (first respondent) is challenging the jurisdiction of the court to hear the case.
  • Emefiele’s arrest and detention were administrative decisions of the executive arm of government.
  • A court’s jurisdiction is determined by the relief sought by an applicant.

Justice Hamza Muazu adjourned ruling on the case until July 13.

Jeph Ajobaju:
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