There is confusion over the status of the charges said to have been filed against the suspended governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, by the State Security Service (SSS).
Emefiele was arrested and detained in the SSS custody on June 10 after his suspension by President Bola Ahmed Tinubu.
But following three separate court orders, the latest being on Thursday and Friday respectively, the SSS, through its spokesman, Peter Afunanya, announced the filing of the charges against Emefiele.
Afunanya stated that Emefiele had been charged to court in compliance with the court order of Thursday.
"The public may recall that the SSS had in 2022 applied for a court order to detain him in respect of a criminal investigation. Although he obtained a restraining order from a Federal Capital Territory (FCT) High Court, the SSS, however, arrested him in June, 2023, on the strength of suspected fresh criminal infractions/information, one of which forms the basis for his current prosecution.
"The Service assures the public of professionalism, justice and fairness in handling this matter and indeed the discharge of its duties within the confines of the law," he said.
Court staff, Emefiele's lawyers unaware of charges
Some staff of the litigation department of the FCT High Court responsible for receiving fresh cases at the court, denied knowledge of the charges on Friday.
"I have not seen any new criminal charge filed today, you can check back on Monday," a staff member said under anonymity.
Similarly, lawyers to Emefiele in the chambers of Paul Daudu (SAN), told Daily Trust Saturday that they were not aware of the criminal charges.
A senior lawyer in the chambers, who pleaded anonymity, said "nothing has been served on us to the best of my knowledge."
Another lawyer in the defence team, who also pleaded anonymity said, "We also heard about the criminal charges the way the rest of the public heard it but we have not seen it."
Court nullifies warrant of arrest, detention
Another FCT High Court has nullified the warrant for the arrest, detention and interrogation of Emefiele by the SSS.
Justice Bello Kawu on Friday, while delivering judgement, ordered Emefiele's immediate release from the SSS custody.
The judge held that the arrest, detention and interrogation of Emefiele were in violation of the subsisting judgement and orders of Justice M. A. Hassan in Suit No. FCT/HC/GAR/CV/41/2022.
Emefiele had brought the application through his lawyer, Peter Abang against the Incorporated Trustees of Forum for Accountability and Good Leadership, the Attorney General of the Federation, Economic and Financial Crimes Commission, Inspector General of Police, State Security Service and the Central Bank of Nigeria.
Justice Kawu also made an order setting aside, voiding, quashing, invalidating and nullifying any warrant of arrest obtained or procured by the respondents, especially the SSS for the arrest, detention and/or interrogation of Mr Emefiele in connection with the allegations of terrorism financing, fraudulent practices, money laundering, round tripping, threat to national security before or from any court since the date of the judgment of Justice M. A. Hassan.
In the motion before the court, Emefiele's lawyers averred that the SSS were notified of the orders of Justice Hassan on December 29, 2022 barring them from taking steps against him, but the SSS has been going about applying to various courts with a view to obtaining favourable orders or warrant for his arrest and detention "to legalise their unlawful actions."
They also averred that, "It is a nullity for the respondent (SSS) to secretly rush to another court of inferior jurisdiction with a view to override the subsisting judgement of a superior court of record by obtaining any warrant or order for the arrest and detention of the applicant."
They further submitted that Emefiele is " now treated like a common criminal, kept in an inhuman condition, denied food, his medication, and his spouse, family members, doctors and lawyers are not allowed access to him."
On Thursday, Justice Hamza Muazu of the FCT High Court ordered the SSS to charge Emefiele within one week or let him go.
Ruling on the fundamental rights enforcement suit held that the SSS has the power to carry out its constitutional duties must be within the ambit of the law.
But counsel to the AGF, Tijani Gazali (SAN) said Emefiele's arrest and detention by the SSS is an administrative decision of an arm of the executive based on the orders of a Magistrate Court in Abuja.
Court didn't ask us to release ex-CBN gov - Secret service
Contacted yesterday to find out when the secret police would release the embattled former governor of apex bank, the spokesman of the service, Peter Afunanya, said that court didn't ask them to release him.
In a telephone interview with Daily Trust Saturday, Afunanya said the first court presided over by Justice Muazu only ordered the service to charge Emefiele within 7 days while Friday's ruling ordered that he should be charged within 48 hours.
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The SSS spokesman, however, reiterated that the service had complied with the separate orders by the two separate courts within the given time frame by charging Emefiele to court as directed.
Asked to give details of the charges against Emefiele, the secret police official said, "The court is an open place, the court's documents are open documents. You can go to court and check the charges. You are journalists; I can't be doing everything for you."
When asked to state the exact court the embattled top banker was sued, Afunanya declined further comment.
Meanwhile, the Citizens Action for Good Governance (CAGG) has faulted those berating the SSS for keeping Emefiele in custody since June 10.
The national coordinator of the CAGG, Mallam Nazir Galadanchi, said this Friday in Abuja at the end of a meeting of the forum on state of the country.
He said those bent on destabilising the country were using the scenario to provoke a crisis and should not be allowed to achieve their negative objectives, including undermining the professionalism of the SSS.
Galadanchi said if the issues surrounding the arrest and detention of Emefiele bordered on national security, Nigerians should prioritise the wellbeing of the country and allow the Service to do its work until the issues are resolved.
