DSS and Prison Officials Fight in Court Over Emefiele’s Custody

The quarrel erupted when a Lagos judge granted bail to the suspended CBN boss and ordered that he be transferred from DSS custody and placed at a correctional facility.

On Tuesday, officials from the Nigerian Correctional Service (NCS) and the Department of State Services (DSS) clashed over the custody of suspended Central Bank of Nigeria (CBN) Governor Godwin Emefiele.

After Justice Nicholas Oweibo of the Federal High Court in Lagos granted Emefiele bail in the sum of N20 million, the secret police and jail authorities argued over which agency would take custody of the suspended and embattled apex bank leader.

The Department of State Services (DSS) and the Nigeria Correctional Service (NCS) clashed at the Federal High Court in Lagos over who would take custody of suspended Central Bank of Nigeria Governor Godwin Emefiele.#CTVTweets https://t.co/RCeYrvFdYv

The judge also ordered Emefiele to be held at the penitentiary facility until the bail requirements were met.

Shortly after the ruling, DSS operatives deliberately positioned the Hilux Pick Up vehicle used to transport Emefiele to court, implying that they intended to return him to their detention centre.

This prompted Emefiele’s lead counsel, Joseph Daudu, a Senior Advocate of Nigeria (SAN), and other lawyers to warn of their client’s impending re-arrest by the secret police.

Following the court verdict, the suspended CBN governor barricaded himself inside the courtroom with his counsel.

However, when prison officials sought to arrest Emefiele pending the completion of his bail conditions, the secret police confronted them, resulting in a brawl.

Prison Officials Leave the Courthouse
To avoid a gun war, Emefiele’s lawyers “reluctantly allowed the DSS to disobey court order and take custody of their client” during the clash.

The jail officials then drove away from the court, and the DSS took over.

President Bola Tinubu had removed Emefiele as governor of the Central Bank of Nigeria on June 9, 2023. The DSS verified the embattled and suspended CBN boss was in its custody the next day.

Emefiele is charged and pleads not guilty.
After multiple legal outbursts by Emefiele’s counsel fighting the DSS’s protracted confinement, the secret police caved in on July 13, 2023 and revealed that the suspended apex bank leader had been prosecuted in court.

On Tuesday, July 25, 2023, Emefiele was carried to court by DSS agents in a hilux vehicle.

Emefiele, 61, appeared before Justice Oweibo and pleaded “not guilty” to the Federal Government’s two counts of illegal possession of a pistol and ammunition.

Emefiele’s lawyer, Daudu, requested the court in his submissions to grant release on self-recognizance or on more generous terms, until the hearing and determination of the trial.

“There is no counter-affidavit from the Federal Government opposing bail,” he stated. Furthermore, the defendant is a well-known banker who is confined to his home and is unable to travel.”

In an oral submission, however, counsel for the Federal Government, Nkiru Jones-Nebo, contested the bail motion, claiming that the prosecution had not been given time to react in accordance with the constitutional principles for fair hearing.

She also stated that the prosecution had information indicating that the defendant’s unwillingness to surrender his passport indicated his ability to escape and flee his trial.

“As the governor of the Central Bank of Nigeria, he is a powerful man who can intimidate witnesses.” If he is granted bail, the prosecution witnesses who have come forward to testify would be intimidated. Based on his history, he can avoid prosecution. “We request that the court dismiss the bail application,” she said.

The court, however, overruled the federal government.

The judge also directed that Emefiele be held at the Ikoyi Correctional Centre till the completion of his bail, notwithstanding the prosecution’s motion that the defendant be placed in DSS custody for further investigation on another matter that will be submitted in court soon.

However, the secret police clashed with jail authorities who arrived at the court to take Emefiele into custody.

The trial is scheduled for November 14, 2023.

Bail Requirements
“I find and hold that the prosecution has failed to establish why the defendant should not be granted bail,” Justice Oweibo said in his ruling on the bail application.

“As a result, the defendant is granted bail in the sum of 20 million naira with one surety in the same amount.”

“The surety must be the owner of a landed property within the court’s jurisdiction and must be at least Level 16 in the Nigerian Civil Service.”

“The defendant is required to surrender his international passport to the court.”

“The case has been adjourned until November 14th for trial.”