Tunji Wusu –
Godwin Emefiele, the suspended governor of the Central Bank of Nigeria (CBN), has been accused of illegally possessing weapons and ammunition by the Nigerian government.
According to Channels Television, Mr. Emefiele was charged with two counts of illegal possession of firearms and ammunition and the case was filed before the Federal High Court in Abuja.
According to a copy of the charges posted on the television station’s website, the case was filed on Thursday, July 13, the same day a Federal High Court judge in Abuja handed the State Security Service (SSS) a one-week deadline to either charge him in court or release him.
Prior to Thursday’s decision, Mr. Emefiele had been detained by the SSS since his detention on June 10 without being given a reason.
In the recently filed case, the agency charged Mr. Emefiele with violating Section 4 of the Firearms Act and Section 27 (1b) of the same Act by unlawfully possessing a single-barrel shotgun (JOJEFF MAGNUM 8371).
The SSS accused him of illegally possessing 23 rounds of live ammunition (cartridges) without a permit in the second count. Additionally, it is claimed that the offense violates Section 8 of the Firearms Act and is penalized in accordance with Section 27 (1)(b)(il) of the same Act.
A judge has not yet been assigned to the case.
Comparing illegal gun possession to funding for terrorism
The indictment is a drop from considerably more serious accusations of supporting terrorism and economic sabotage that the SSS had earlier made against the CBN governor who had been suspended.
The SSS had testified under oath in December 2022 that Mr. Emefiele was endorsing the illegal Indigenous People of Biafra (IPOB) in a last-ditch effort to secure an arrest warrant for him.
The SSS charged him with a number of serious offenses, including undermining President Muhammadu Buhari’s administration, funding terrorism, supporting terrorism, and engaging in other economic crimes to jeopardize Nigeria’s security.
The agency also charged Mr. Emefiele with mismanaging the Anchor Borrowers Program and CBN subsidiary NISRAL.
When the SSS requested an arrest warrant against Mr. Emefiele, Chief Judge of the Federal High Court John Tsoho rejected the motion due to incorrect procedure.
After Mr. Emefiele was suspended on June 9 by the new President, Bola Tinubu, the agency did not take any more action.
After detaining Mr. Emefiele in detention for more than a month, the SSS filed the less serious allegations. However, it’s unclear whether the organization intends to bring any other allegations against him.
Among Nigerians who are disappointed by the SSS’s accusations is human rights attorney Inibehe Effiong.
The claim of unlawful firearms ownership, according to Mr. Effiong, “is a crime for the police.”
Where are the charges for sponsoring terrorism, asked Mr. Effiong? Why is Mr. Tinubu treating this case in such a manner?
Due to the troubles the naira redesign strategy caused them, he pointed out that many Nigerians supported Mr. Emefiele’s suspension.
However, Mr. Effiong criticized how Mr. Emefiele was detained for more than a month without being tried.
“The SSS has once more ignored Nigerians. The two-count allegation brought against Mr. Godwin Emefiele, the suspended CBN Governor, irks me.
On June 10, the SSS detained Mr. Emefiele at his residence in Lagos. He was then flown to Abuja for questioning.
Where are the charges for sponsoring terrorism, asked Mr. Effiong? Why is Mr. Tinubu treating this case in such a manner?
Due to the troubles the naira redesign strategy caused them, he pointed out that many Nigerians supported Mr. Emefiele’s suspension.
However, Mr. Effiong criticized how Mr. Emefiele was detained for more than a month without being tried.
“The SSS has once more ignored Nigerians. The two-count allegation brought against Mr. Godwin Emefiele, the suspended CBN Governor, irks me.
On June 10, the SSS detained Mr. Emefiele at his residence in Lagos. He was then flown to Abuja for questioning.
His attorneys and family members filed a fundamental human rights enforcement lawsuit on his behalf at the Federal Capital Territory (FCT) High Court in Abuja after becoming concerned about SSS’s refusal of access to him while he was being held.
On June 16, the court ordered Yusuf Bichi, director general of SSS, to allow attorneys access to the detained suspended CBN governor. The detainee’s attorney, Joseph Daudu, asked the court to grant the order, and the court complied.
The judge, Hamza Muazu, ordered the SSS to release or charge the suspended CBN governor in court within a week in his final ruling on Thursday’s case.
According to him, the Nigerian constitution is based on the principle of the rule of law and assumes that all activities must be carried out in accordance with the law.
“Detention, no matter how small, can amount to a breach of fundamental rights,” Mr. Muazu added.
He pointed out that the SSS should give administrative bail to the suspended CBN governor pending trial because the charges against him are typically crimes for which bail is available.
According to Mr. Muazu, Mr. Emefiele’s continuing imprisonment without charge constituted a grave breach of his basic human rights.
However, the court cited a directive from an Abuja Chief Magistrate Court authorizing the SSS to hold Mr. Emefiele for a total of 14 days in order to complete its inquiries.
In light of the fact that his arrest, incarceration, and investigation were all based on legal court orders, the judge ruled that Mr. Emefiele was unable to establish that they were all unlawful.
He described SSS as a recognized organization tasked with ensuring the internal security of the nation.
The judge ruled that the agency must strictly adhere to the Constitution’s provisions when conducting its business.
“At this time, the applicant’s continuing imprisonment cannot be justified in the absence of any charges.
Justice requires, at the very least, that the applicant be granted administrative bail.
As a result, the court stated, “I hereby make an order directing the respondents to charge the applicant to court within one week or release him on administrative bail.”
On Friday, a different judge at the FCT High Court in Abuja ruled that Mr. Emefiele’s arrest and imprisonment by the SSS were unconstitutional.
Judge Bello Kawu ruled that Mr. Emefiele’s arrest, imprisonment, and questioning violated an earlier ruling and directions from Judge M. A. Hassan.
Mr. Kawu concurred with Mr. Emefiele’s attorney, Peter Abang, that the SSS’s actions against Mr. Emefiele were unlawful and amounted to a nullity in light of the other judge’s continuing ruling from 29 December 2022.
The judge therefore declared invalid any arrest warrants acquired or procured by the SSS for the arrest of Mr. Emefiele in connection with claims of supporting terrorism, engaging in dishonest business, laundering money, and posing a threat to the nation’s security made in any court.
Mr. Emefiele adopted an unpopular naira redesign program under the Buhari government, which caused great misery for many Nigerians.
President Tinubu, who was then running for office ahead of the most recent presidential election in February, attacked him verbally as a result of the policy.
Since taking office, Mr. Tinubu has criticized Mr. Emefiele, claiming that he is responsible for the financial collapse of Nigeria.
Charges in full
Count one:
That you, Godwin Emefiele, Male, of No. 8 Colorado Street Maitama Abuja, on or about the 15th of June 2023, at No. 3b Iru Close, Ikoyi, Eti Osa Local Government, Lagos State, within the jurisdiction of this Honourable Court, had in your possession one (1) Single Barrel shotgun (JOJEFF MAGNUM 8371) without a licence. You thereby committed an offence contrary to Section 4 of the Firearms Act, Cap. F28 Laws of the Federation 2004, and punishable under Section 27 (1b) of the same Act.
Count two:
That you, Godwin Emefiele, Male, of No. 8 Colorado Street Maitama Abuja, on or about June 15, 2023, at No. 3b Iru Close, Ikoyi, Eti Osa Local Government, Lagos State, within the jurisdiction of this Honourable Court, had in your possession One Hundred and Twenty-Three (123) Rounds of live ammunition (Cartridges) without a licence You thereby committed an offence contrary to Section 8 of the Firearms Act Cap F28 Laws of the Federation 2004 and punishable under Section 27 (1)(b)(il) of the same Act.
