Why Emefiele should not be granted bail ― DSS tells court

The Department of State Services, DSS has told a High Court of the Federal Capital Territory sitting in Abuja that the suspended Governor of the Central Bank of Nigeria, Godwin Emefiele should not be granted bail.

The former CBN governor is challenging his detention by the DSS and denying him access to his family members and lawyers.

However, the DSS, while appearing in court said Emefiele will flee the country if granted bail.

The Attorney General of the Federation also supported the argument of the DSS, describing Emefiele as a “flight risk.”.

Both the DSS and OAGF told testified before the Federal High Court in Abuja in separate counter-affidavits filed in a fundamental rights enforcement suit by the suspended CBN chief.

The OAGF denied that Emefiele was being held for terrorist-related crimes, adding he was not being victimised for his involvement in politics and the botched naira redesign policy.

The OAGF said: “Issues of terrorism financing and fraudulent activities are not part of the grounds for the arrest and detention of the applicant.

“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.”

According to the DSS, Emefiele was being held pursuant to an order of a competent court, adding that the suspended CBN boss 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 OAGF’s representative, Senior Advocate of Nigeria, Tijani Gazal, told the court that Emefiele’s allegation of unlawful detention was unfounded, and therefore asked that Emefiele’s appeal should be rejected.

Gazali said the suspended CBN governor was being detained on the order of an FCT Chief Magistrates Court.

He told the court that the 0AGF (listed as the 1st respondent) was challenging the jurisdiction of the court to hear the case.

The SAN said Emefiele’s arrest and detention were administrative decisions of an arm of the Executive arm of government. He stressed that a court’s jurisdiction is determined by the relief sought by an applicant.

Justice Hamza Muazu adjourned until July 13 for a ruling.