DSS clashes with NCoS, re-arrests Emefiele despite bail
• Lawyers berate secret police over assault on judiciary, prison officials, media
• Only legal profession can restore law, order in Nigeria, says Okutepa
Following reported sealing of premises of the Economic and Financial Crimes Commission (EFCC) in Lagos, on Tuesday, May 30, 2023, the Department of State Services (DSS), also in Lagos, yesterday, took on officers of the Nigerian Correctional Service (NCoS) over custody of suspended Central Bank of Nigeria (CBN) Governor, Godwin Emefiele.
The skirmish happened at the hallowed premises of the Federal High Court, Lagos. The secret police had arraigned Emefiele on a two-count charge bordering on alleged illegal possession of firearms and ammunition.
After proceedings, Justice Nicholas Oweibo granted bail to Emefiele, ordering that the ex-CBN Governor be remanded in a correctional facility until he perfects his N20 million bail condition.
Then the drama unfolded. Apparently dissatisfied with decision of the court, DSS operatives laid siege to the corridors of the chamber and the entire premises, putting their vehicle at standby to re-arrest Emefiele.
Consequently, the defendant refused to step out of the court room, while his lawyers made frantic effort to mobilise officers of the Nigerian Correctional Service to take him. After hours of waiting, Emefiele’s lawyers left. Thereafter, more armed NCoS personnel arrived with a senior officer and attempted to take Emefiele.
A brawl ensued. DSS men rough-handled a commander of the Correctional Service, tore his buttons, and shoved him out of the chambers, insisting they had orders to take Emefiele, notwithstanding the court’s injunction.
Tension, however, eased, with the Correctional Officers boarding their vehicles and zooming off, leaving Emefiele in the hands of the masked DSS squad.
EARLIER, Emefiele had pleaded not guilty to the two-count charge bordering on possession of a single-barrel shotgun and possession of 123 rounds of live ammunition without licence.
After his plea, defence counsel, Mr. Joseph Daudu (SAN), who led four other senior advocates, informed the court of a bail application filed on behalf of the defendant. He told the court that same had been served on the prosecution, adding that there was a stamp of Office of the Attorney General as proof.
But the prosecutor, Mrs. Nkiru Jones, objected to the bail application on the grounds that she had not been served with a copy. She informed the court that her office had been on the lookout for a possible bail application of the defendant but didn’t get any. She added that since she had just been made aware of the application in court, she would require time to respond by way of an affidavit, since facts had been deposed.
Besides, she noted that since there was no sitting Attorney General of the Federation (AGF) at the moment, the defence could not have effectively served same.
But Daudu told the court that the prosecutor had no excuse not to proceed in response of the bail application because it had been duly served on prosecution’s office.
He argued that the office of AGF is a creation of statute, and so could not exist in a vacuum, urging the court to so hold. In a short ruling, the court agreed with the submission of defence counsel, and urged him to move the defendant’s bail application.
Moving the application, defence counsel urged the court to admit the defendant to bail, as he is not a flight risk, being a reputable former CBN Governor. He told the court that the defendant had been kept in custody for long and had lost so much weight and so, required medical attention.
The defence also informed the court that the defendant would be available to stand trial; saying if the prosecutor had produced a witness, the defence would have been ready to proceed. He, therefore, urged the court to grant the defendant bail.
In response, the prosecutor informed the court that she was opposed to the bail application of the defendant as he was a flight risk. She told the court that the defendant had refused to submit his international passport which is evidence that he might escape trial.
Besides, she also told the court that being a very influential citizen of Nigeria, the defendant could also interfere with the case and evidence intended to be led by prosecution. She urged the court to refuse him bail.
In his ruling, Justice Oweibo agreed with the submission of the defence counsel on the ground that the offence for which the defendant was charged is bailable.
The court held that bail could only be denied where any of the circumstances set out in Section 162 of the Administration of Criminal Justice Act is established.
The court held that the prosecution had not furnished such circumstances before the court. The judge consequently, granted bail to the defendant in the sum of N20 million with one surety in like sum.
He held that the surety must depose to an affidavit of means and have a landed property. He ordered that the defendant be remanded in custody of the correctional service, pending perfection of his bail.
The court adjourned the case to November 14 for trial.
MEANWHILE, Human Rights Lawyers, under the aegis of Lawyers in Defence of Democracy (LIDD), berated DSS Director, Yusuf Bichi, over alleged assault on the judiciary, prison officials and the media by the agency’s operatives.
The lawyers also condemned the re-arrest of Emefiele after a judge had ordered that he should be remanded at a correctional centre pending the perfection of his bail conditions.
The lawyers in a statement by their leader, Okere Kingdom, called on President Bola Tinubu to prove he has regard for the rule of law by suspending and ordering the arrest of Bichi.
They insisted that DSS doesn’t have the constitutional backing to re-arrest Emefiele until he perfects his bail conditions. The statement reads in part: “This constant assault on the judiciary by the DSS is totally unacceptable. What played out at the court today is unacceptable. Bichi needs to be arrested and sent to prison. The secret police has made a habit of continuously disrespecting the rule of law. President Bola Tinubu should save democracy and the image of the judiciary by immediately ordering the arrest of the DSS DG.”
ALSO, a senior lawyer, Jibrin Samuel Okutepa (SAN) described the drama between DSS and NCoS at the Federal High Court as a show of shame. He said: “While we operate the rule of law in theory, we operate in practice despotism and a totalitarian regime under the colour of democracy. The show of shame today between DSS and correctional officers supports my position.
“I have always said that those in power operate political vendetta and no rule of law. Why is DSS now all over the place? Is DSS above the law of the land? In a country where rule of law holds sway, the judiciary is respected and nobody is allowed to subvert judicial orders.
“But in Nigeria, the judiciary is held in contempt by those who ought to be in prison. The judiciary itself has refused to assert its supremacy. When it is treated with disrespect, it does nothing. When I read law I was told you should report contempt of court to the court.
“Try and report to the court that its orders are being flouted, the judiciary will fold its arms in piteous state of helplessness. No sanctions. No consequences. King is law in Nigeria. The executive is lawless. Lawyers aid executive lawlessness. I am wondering where we are going. In all of these practical destructions of democracy by political class, they still pretend to be democrats.
“Let me ask, is Nigerian democracy indeed a democracy. I doubt. We are sliding into state of nature. The mighty is right in Nigeria. What kind of system do we operate? I still believe that only the legal profession can restore law and order in Nigeria.”
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