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Emefiele will flee if granted bail, DSS, OAGF tell court

Godwin Emefiele, the suspended governor of the Central Bank of Nigeria, will leave the country if granted bail, according to a statement made before the Federal Capital Territory High Court on Tuesday by the Department of State Services.

The Attorney General of the Federation agreed with the DSS’s position and labeled Emefiele a “flight risk.”

The DSS has been holding the former head of the apex bank without allowing him to visit his family or attorneys, and he is contesting this decision.

Emefiele was reportedly suspended by President Bola Tinubu on Saturday, June 10, 2023, and then arrested by the DSS, according to Propolitics.

Both DSS and OAGF made these claims in separate counter-affidavits submitted in a fundamental rights enforcement lawsuit brought by the suspended CBN head on Tuesday, when the court resumed.

The OAGF denied in its own affidavit that Emefiele was being detained for charges related to terrorism. Additionally, it stated that he was not being victimized as a result of his political activities and the disastrous naira redesign strategy.

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 applicant was not tortured by the respondents, and no information about such torture has been given.

For their side, the DSS said that Emefiele was being detained in accordance with a court order.

In addition, it stated that the suspended CBN boss was detained “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.”

Tijani Gazal, a Senior Advocate of Nigeria, who represented the OAGF in court requested that the lawsuit be dismissed because Emefiele’s claim of illegal imprisonment was unsubstantiated.

The suspended CBN governor, according to Gazali, was detained on the direction of
The applicant was not tortured by the respondents, and no information about such torture has been given.

For their side, the DSS said that Emefiele was being detained in accordance with a court order.

In addition, it stated that the suspended CBN boss was detained “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.”

Tijani Gazal, a Senior Advocate of Nigeria, who represented the OAGF in court requested that the lawsuit be dismissed because Emefiele’s claim of illegal imprisonment was unsubstantiated.

The suspended CBN governor, according to Gazali, was detained on the direction of FCT Chief Magistrates Court.

He informed the court that the first respondent, 0AGF, was contesting the court’s authority to hear the case.

Emefiele’s arrest and incarceration, according to the SAN, were made administratively by a branch of the Executive branch of government. He emphasized that the relief requested by an applicant determines the court’s jurisdiction.

Justice Hamza Muazu heard the parties’ arguments before adjourning for a decision on July 13th.

Ogechi Chukwu

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