Hours after the court ordered the immediate release of embattled former governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, the State Security Service (SSS), has filed a fresh two-count charge of illegal possession of firearms and ammunition against him before the Federal High Court in Lagos.
According to the suit document, the SSS accused Emefiele in the first count of possessing a single-barrel shotgun (JOJEFF MAGNUM 8371) without a license, which is an offense 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.
The second charge accused him of being in possession of 123 rounds of live ammunition (cartridges) without a license, which is a violation of Section 8 of the Firearms Act Cap F28 Laws of the Federation 2004. This offense carries a punishment outlined in Section 27 (1)(b)(il) of the same Act.
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The fresh charges are a setback to Emefiele’s freedom, which was believed to have been sealed by the rulings of two other courts. Justice Bello Kawu, in delivering the judgment on Friday, ruled that the arrest, detention, and interrogation were in direct violation of the existing judgment and orders issued by Justice M. A. Hassan in Suit No. FCT/HC/GAR/CV/41/2022.
Justice Hassan had ruled that “the continuous harassment, threat, intimidation, restriction of free movement and abuse of the rights of Godwin Emeffele, governor of Central Bank of Nigeria, over trumped-up allegations of terrorism financing and fraudulent practices, etc., by the 4th Respondent and their officers are vindictive, unwarranted, abrasive, oppressive and same constitute a flagrant breach of his rights to personal liberty, the dignity of the human person, right to policy-making powers freedom of thought, conscience and religion and movement as respectively provided and enshrined under the Constitution of the Federal Republic of Nigeria, 1999 (as Amended) and the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act and, therefore, unconstitutional and illegal”.
The judge also held “that the 4th respondent acted wrongfully and illegally in instigating the president of the federal republic of Nigeria against Mr. Godwin Emefiele in respect of the exercise of his statutory duty relating to the issuance of monetary policies and directives in the interest of national security and economy”.
Based on this previous ruling, Justice Kawu granted an order of injunction directing and mandating the Respondents, particularly the DSS to forthwith release Emefiele from any arrest or detention.
Emefiele was arrested in June, hours after was suspended by Nigerian President Bola Tinubu. He has been in SSS custody for over a month since his arrest for investigative reasons.
Tinubu had earlier, during his presidential campaign, accused the former central bank governor of trying to scuttle his winning chances with the naira redesign policy. This has bolstered the belief that the president is being vindictive and efforts by the SSS to incriminate Emefiele are politically motivated.
This is happening years after the secretive service failed to arrest and charge Ibikunle Amosun, the former governor of Ogun State who was exposed for illegally stockpiling firearms and ammunition amid raging insecurity, during his time as the state governor. Amosun, who completed two terms as Ogun governor, serving eight years in office, was found in possession of 1,000 AK-47 rifles and four million rounds of live ammunition.
A statement issued by the SSS spokesman Dr. Peter Afunanya, on Thursday, acknowledged the latest turn of events.
Count one of the fresh charges reads; “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 license. You thereby committed an offense 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 license You thereby committed an offense 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.”
It is not clear, given the latest twist of the matter, if the SSS will obey the court order and set the former apex bank head free. The case is yet to be assigned to a judge.