Emefiele appears in court for arraignment

The Department of State Services (DSS) has brought the suspended Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele to court on Tuesday.  

Emefiele appeared in court by 9:19:am to be arraigned before Justice Nicholas Oweibo of the Federal High Court, Lagos division.

The charges preferred against Emefiele border on alleged illegal possession of firearms and ammunition.

Read also: DSS obeys court order, charges Emefiele to court

Background

On June 9,2023, Emefiele was suspended by President Bola Tinubu from his position as the CBN Governor and in the early hours of June 10, he was  arrested at his residence in Ikoyi, Lagos. 

The DSS had since then detained him in their custody which led to him filling a right enforcement suit through his lawyer. 

The suit listed the Attorney General of the Federation (AGF) and the Director General of the Department of State Services (DSS) as defendants. 

He is seeking the enforcement of his fundamental human rights, specifically the rights to freedom of movement and dignity of human life.

Emefiele asked the court to declare his arrest and detention on June 10, without a valid court order,null and void. 

He  also sought compensation of N5 million as exemplary damages for his alleged unlawful detention.

Ruling on his application, Justice Muazu stated that Emefiele had not demonstrated that his arrest and investigation were illegal. 

However, he emphasised that the accused is entitled to fair hearing as part of his rights.

Justice Muazu held that Emefiele, cannot be held in detention indefinitely without a formal charge. 

He said the DSS is not permitted to utilise the duration of Emefiele’s detention to gather evidence against him.

The judge acknowledged that the Department of State Services (DSS) possesses the authority to fulfil its constitutional responsibilities, which include making arrests, detaining individuals, and ensuring internal crime prevention.

He said however, these duties must be carried out in accordance with the law.

Consequently, he issued a one-week ultimatum to the DSS to either charge Emefiele to court or set him free.

In obedience to the court order, DSS charged Emefiele to court. They filed a two-count charge against him which borders on the illegal possession of firearms and ammunition.

Today`s Proceeding

Emefiele’s defence team is headed by Joseph Daudu, a former President of the Nigerian Bar Association.

In the two-count charge brought forward by the DSS, Emefiele stands accused of possessing a single-barrel shotgun (JOJEFF MAGNUM 8371) without the appropriate license, which constitutes the alleged illegal possession of firearms and ammunition.

In the second charge, Emefiele is accused of unlawfully having in his possession 23 rounds of live ammunition (cartridges) without the required license. An act which is in contravention of Section 8 of the Firearms Act and is subject to punishment under Section 27 (1)(b)(il) of the same Act.

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