Posers over Emefiele’s ordeals ahead of general election

Fourty-Two days to this year’s presidential election, Nigerians have expressed worries over the ordeals of the Central Bank of Nigeria (CBN) Governor, Godwin Emefiele.

Recall that the CBN governor has been having a running battle with the Department of State Services (DSS) over alleged trumped-up allegations of terrorism and sundry offences against him.

Legal experts who spoke with The Guardian on the issue said the turnout of events was an affront on the rule of law and human rights, which has implications on the nation’s democracy.

They emphasised that with the general election fast approaching, it was imperative for the authorities to respect the rule of law, warning that abuse of state power would lead to chaos and anarchy.

Chairman, Human and Constitutional Right Committee of the African Bar Association (AfBA), Sonnie Ekwowusi, said the unfolding drama around the DSS and CBN governor would affect the upcoming elections, hence the decision of the organisation to speak on the matter.

“We have made it imperative to urge that the rule of law and due process must be respected and allowed to prevail in this whole affair as recourse to self-help or to the use of force will result in anarchy and mayhem. We are seriously urging that the rule of law and due process should be respected.
“Ordinarily, by the Nigerian Law, the DSS has power to arrest and to initiate a process leading to the arrest of anybody considered to be a security risk, or anybody alleged to have breached state security or a threat to state security. However, the DSS from the onset has opted to approach the Federal High Court, asking for an order or for authority to arrest the CBN Governor.
“We all know what has happened, and what the judgment of the court is in that suit, because the Federal High Court ruled and ordered that the DSS should not proceed to arrest the CBN governor on the ground that he has not disclosed any sufficient evidence that warrants his arrest. That judgment is still pending – it has not been set aside by any court of law.
“And we of the African Bar are very much conscious of the fact that a violation of a court order is a very terrible thing. It destroys the whole society and it causes mayhem. This is why the law courts and the judiciary exist – they are the third arm of government, and a very important arm, and should not be ignored in any political dispensation,” he said.

Ekwowusi stressed that the Federal High Court took a decision, which suggests that the DSS should go back and do some homework.
“That should have let the DSS return to do a proper work. We are also aware that the civil society organisation has also gone to court immediately after the Federal High Court ruled that the DSS has no power to arrest because it has not disclosed any sufficient evidence.
“Our committee – the Human Rights Committee of the African Bar Association, believe that the rule of law is at work in all of these court judgments, and we are interested in seeing that it is upheld in all this. We are not interested in any political motives. We as international lawyers are interested in the rule of law, which is universal. It also has to do with the Universal Declaration of Human Rights of 1948, which states that in everything you do, there must be due process; otherwise you are inviting anarchy and mayhem to take over the society.
“We are convinced that the rule of law should be followed to its logical conclusion in this matter. Also, this matter is subjudice, in the sense that we sit before the court and the parties should not in the interest of justice, go about making statements that could compromise justice. When two parties have submitted an issue or a petition to the court, they are not allowed to state any further action, be it verbal, non-verbal or related statements, because the matter is still before the law court,” he added.

He therefore advised that people should avoid making provocative statements until the matter is finally resolved.

“Do not create the impression that there is more to what the DSS is doing or insinuate that there are ulterior motives behind the DSS’ actions.
“People who have grievances should channel them to the law court and so they should not take matters into their own hands. Hence we are saying that suspicion does not grant conviction. You are entitled to your innocence. You are presumed innocent by the constitution until you are proven guilty. Suspicion – no matter how weighty cannot grant conviction, it is simply not enough.
“We are simply insisting that the rule of law should be allowed to prevail. We are not picking any sides; we simply want due process to prevail, because it favours everyone, otherwise, we are in trouble. We should look onto the court because they can interpret all laws and use them to settle disputes. It is also what is applicable all over the world. The Universal Declaration of Human Rights – the first Human Rights Document that was made, talks about the rule of law and due process, and in everything we do, we must follow due process. Otherwise, there will be unnecessary repercussions – actions that could cause a disruption of political process and life in a country will be perpetrated.”

On his part, President of AfBA, Hannibal Egbe Uwaifo, stressed that the consequences of not adhering to the rule of law would be anarchy and chaos.
“That is the problem with Nigeria. We must be honest. There’s nothing about Nigeria that is intractable. It’s violation of the rule of law. Inability to keep to laid down rules and procedures,” he said.

He charged the media to shape conversations and provide investigative content that would put this ill in check.

He added: “Policies are shaped by the media all around the world. Our own media is busy running after politicians and publicising their activities. These are the problems we are facing.
“The way out is for the media to go all out; we have done our own bit, and the media must do theirs. You have a Guild of Editors. Once the Guild of Editors meets, and they have agreed on the terms of a policy, they go all out. That’s what we are witnessing – shaping national policies. We should be talking about the problems of this country. I want to see headlines of newspapers saying Nigeria is at a crossroads. Ignore these politicians who are rallying – they are not ready to do anything. Who are the people running around? Who has the capacity to carry those kinds of people to stadiums? It is money. The politicians are corrupting everywhere.”

On laws that can bring solution to these glaring national issues, the lawyer said: “The laws are there to solve every problem. The problems are glaring because we refuse to apply the laws and we refuse to allow the law to operate. Why would a permanent secretary go to a bank and withdraw N1billion and put in the office and claim it is imprest? Nobody does that. It is only in Nigeria. Why don’t we ask ourselves all these questions?
“With all the money that is being stolen, they go to the National Assembly to tax people to bring more money. Why can’t it be stopped? Is there any legal backing for their actions? Some people have openly come to say that for this process, we need to bring money. What has the media done about it – to shame the people and to create a joint effort against violators of the law? I don’t know where we are going, but I know the laws are all there. The only way Nigeria can survive is the rule of law. We have heard the INEC Chairman is being pursued – we’ve seen all this before, and it always happens when elections approach,” Uwaifo said.

In his weekly column, ‘Inside Stuff’ on January 8, 2023, the Managing Director and Editor-in-Chief of The Guardian, Martins Oloja, also wrote: “I have been writing on this dark side of our history. The powerful forces are on the march again for #2023 elections. I have been pondering on the correlation between the strange arrest bid and possible prosecution of the CBN Governor by the DSS instead of the Police or the EFCC and Attorney General of the Federation and the 2023 elections. I haven’t established that correlation in this our wonderful country of anything-is-possible.
“But then we should be concerned by the timing: just a few weeks to crucial elections. The made-to be distracted CBN governor is implementing a strategic currency change monetary policy at the moment. And so even if the authorities in the country do not like the implications of the deal at this time, is there no way of settling this with the CBN Governor behind the scenes without humiliating and harassing the Governor who can no longer preside over meetings openly and peacefully at the moment?
“The Office of the Citizen should not be kept in darkness about what is happening to the Governor of the Central Bank of Nigeria (CBN). We need to know why the institutions that have some primary responsibility for dealing with allegations against the CBN Governor such as the police, the EFCC, ICPC, CCB and the Office of Attorney General are not overtly involved at this time.
“I think the DSS is a strategic and serious institution of governance and security of the state. It shouldn’t be dragged again into pre-election politics that can lead to negative perception that emerged after the fall of Abacha’s repressive regime. They should guard their reputation jealously.”