Human rights attorneys, the Centre for Social Justice and Accountability (CSJA), a rights advocacy group, and former president of the Nigerian Bar Association (NBA), Joseph Daudu SAN, have demanded that the Federal Government strictly uphold the principles of the rule of law, fairness, and justice in handling the case of suspended CBN Governor Godwin Emefiele.
While Maxwell Opara, Abdulazeez Tijani, and Anthony Akpua of the CSJA said the way the Federal Government handles the case will shape how the international business communities and related interests relate to it, Daudu expressed optimism that President Bola Tinubu, with his background as a democracy advocate, will not support arbitrariness.
They responded on Saturday to the different court rulings on Emefiele’s continued arrest by the government and his upcoming arraignment by the Department of State Services, DSS, on a charge brought before the Federal High Court in Lagos.
Daudu stated: “I don’t believe the newly elected president of the Federal Republic of Nigeria will want to begin his administration with the entities under him disregarding court rulings.
As a NADECO representative, Tinubu was at the fore in criticizing military governments for flouting court judgments.
In response to Justice Hamza Muazu’s decision from the High Court of the Federal Capital Territory (FCT) on Thursday, the former NBA President said, “Now that power is in his hand, we will see whether he, himself, will obey court orders.””
Justice Muazu stated in the order that the alleged offenses for which Emefiele was being held were bailable because they were not capital in nature, adding that he was not accused of killing anyone. The DSS was given seven days to charge Emefiele to court or release him.
Opara stated that based on his personal experience, the DSS was giving the sense that it was above the laws of the nation.
The way Emefiele’s case was handled, he claimed, was not surprising because “the secret police has made disrespect for the rule of law part of its life.”
Speaking of the rule of law or presenting a court’s decision to the DSS aggravates the agency’s administration, he claimed, pleading with the President to restructure the DSS.
According to Tijani, Tinubu must demonstrate that he is a genuine Democrat and not a semi-democrat like some of his forerunners.
“The DSS has been attempting to have Emefiele arrested for more than four months. It ought to have completed its probe between then and now. Because the 2015 Administration of Criminal Justice Act (ACJA) is inferior to the 1999 Constitution, DSS cannot utilize it to hold a Nigerian citizen incommunicado.
“The 1999 constitution is very explicit and emphatic about the appropriate holding period for Nigerian citizens. It provided up to 48 hours. This is the supreme law governing citizens’ fundamental rights, and it must be strictly followed.
This clause of the Constitution prohibits a security agency’s arm from holding a citizen of Nigeria down while forcibly looking for evidence, as was done in this case, in order to bring charges against him. That contravenes our laws.
Tijani challenged Tinubu to act and prove that he is not siding with any security agency that disobeys the law.
“As a true democrat who has spent the majority of his life defending human rights, Tinubu must utilize his new position to pressure institutions, particularly security services, to uphold the rule of law.
“Irregularity must be eliminated. It is safer to uphold the rule of law and use the legal system’s tools to quell illegal activity without going against the law.
“President Tinubu’s declared adherence to the rule of law will be put to the test in the Emefiele case. Until the court orders otherwise, Emefiele’s rights must be upheld, Tijani added.
Akpua pointed out that the Emefiele case, which has the potential to influence how foreign investors see the country in terms of respect for the rule of law, is being closely watched by everyone in the globe.
Emefiele will stand trial for unlawful possession of a single barrel shotgun (Jojeff Magnum 8371) without a license, which is alleged to be 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, according to a two-count charge filed on July 13 at the Federal High Court in Lagos by the DSS.
The suspended CBN Governor is also charged with illegally possessing 123 rounds of live ammunition (cartridges), which were allegedly housed at No. 3B Iru Close in Ikoyi, Lagos, “on or about the 15th June 2023.”
Emefiele was detained by the DSS till his arrest on June 10, 2023, the day after President Tinubu had suspended him.
