Former President of the Nigerian Bar Association (NBA), Joseph Daudu (SAN), human rights lawyers and a rights advocacy group, the Centre for Social Justice and Accountability (CSJA) have sought from the Federal Government, strict adherence to the principle of rule of law, fairness and justice in the handling of the case of the suspended Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele.

While Daudu expressed optimism that President Bola Tinubu, with his background as a democracy advocate, would not support arbitrariness,  Maxwell Opara, Abdulazeez Tijani and Anthony Akpua  of the CSJA said  “the way the Federal Government handles the case will shape the way international business communities and related interests relate with the new administration in Nigeria.”

They spoke, yesterday, in reaction to the various court pronouncements on the government’s continued detention of Emefiele and his planned arraignment by the Department of State Services (DSS) on a charge filed before the Federal High Court in Lagos.

Daudu said: “”I do not think that the President will like to start his administration with the organisations under him disobeying court orders.

“Now that power is in his hand, we will  see whether he, himself will obey court orders,” the ex-NBA President said in reaction to Thursday’s judgment by Justice Hamza Muazu of the High Court of the Federal Capital Territory (FCT).

On his part, human rights lawyer, Inibehe Effiong faulted Emefiele’s prosecution by the DSS instead of the Nigeria Police Force, which is statutorily empowered to undertake such a task.

Effiong described Emefiele’s continued detentionas ‘extremely ridiculous’, adding: “If you are keeping someone in custody for over 30 days and the reason for detaining the person is illegal possession of a firearm, it shows that the DSS is not a serious organisation. It also shows that the government is not serious.
“What I heard is that Emefiele is detained on account of terrorism. If he is now being charged for possession of a firearm, and this is the charge that came out after his house was searched, it means before his house was searched, they had no reason to have arrested him in the first place.”

He also queried why the DSS has taken over the Police job whose duty it is to prosecute such matters.
Also commenting, the Chief Executive Officer, Dairy Hills Limited, Kelvin Emmanuel, said Emefiele’s alleged offence of being in possession of a firearm could send a wrong signal to the international business community on the status of the rule of law in Nigeria.

Emmanuel maintained that regardless of the alleged offences of the suspended CBN Governor, the Fundamental Human Rights Act 1999 must always be respected by the government.

Justice Muazu, who gave the DSS seven days within which to either charge Emefiele to court or release him, noted in the judgment that the alleged offences for which he was being held were bailable because they were not capital in nature.

On his part, Opara noted that from his experience, the DSS was creating the  impression that “it is above the law of the country.”
He said he was not surprised about how the Emefiele’s case was being handled by DSS.

Tijani said President Tinubu must prove and establish that he is a true democrat and not a semi- democrat like some of his predecessors.

He said: “For more than four months, the  DSS had sought to arrest Emefiele. Between that time and now, it ought to have completed its investigation. DSS cannot hide under Administration of Criminal Justice Act (ACJA) 2015 to hold a Nigerian citizen till eternity because ACJA is inferior to the 1999 Constitution.”

“The 1999 Constitution is so specific and categorical on how long a Nigerian citizen should be held. It gives a maximum of 48 hours. That is the Supreme Law on the foundamental rights of the citizens and must be obeyed to the letter.

“ That aspect of the Constitution does not permit and arm of security agency to hold a Nigerian citizen down and unlawfully begin to fish for evidence, as in the instant matter, to charge him to court. That is not our law”, he said. Tijani urged  President Tinubu to take steps and establish that he is not taking side with any security agency that is  disrespecting the rule of law.

“Tinubu, as a true democrat, who had used the larger part of his life to fight for human rights, must use his new position to compel institutions, especially security agencies, to operate within the ambit of law.

“Arbitrariness must be eradicated. It is safer to respect the rule of law and use the instrument of law to checkmate criminality without breaching the rule of law.

“Emefiele’s case will be a big test to President Tinubu in his avowed commitment to the rule of law. Emefiele’s rights must be respected until the law court says otherwise,” Tijani said.

Akpua noted that the whole world was watching the way the Fed Govt was handling the Emefiele case, with its capacity to shape the way the country is viewed by international investors in the area of respect of the rule of law.

In a two-count charge marked: FHC/L/437/2023, filed on July 13 at the Federal High Court in Lagos, by the DSS,  Emefiele is to be subjected to trial for unlawful possession one single barrel shotgun (Jojeff Magnum 8371) without license, which is said to constitutes an offense under Section 4 of the Firearms  Laws of the Federation 2004 and punishable under Section 27 (1) (b) (i) of the same act.

The suspended CBN Governor is equally accused of having, in his possession, 123 rounds of live ammunition (catridges) without licence, which items were said to have been unlawfully kept  at No.3B Iru Close, Ikoyi, Lagos “on or about the 15th June, 2023.”

Emefiele was arrested on June 10, 2023, a day after he was suspended by President Tinubu, and he is still being held in the custody of the DSS.