The Chairman, Kaduna State Chapter of the Christian Association of Nigeria (CAN), Rev. John Joseph Hayab, have expressed concern over the manner those he described as selfish Nigerians want to create confusion in the country with the plot to arrest the Governor of the Central Bank of Nigeria (CBN), Mr. Godwin Emefiele, just because they do not like the policies on naira redesign and the new cash withdrawal limits.
This was just as the Atiku/Okowa Presidential Campaign Organisation, yesterday called for restrain on the move to forcefully remove Emefiele from office, given the sensitivity of his position to the nation’s economy.
The recent revelation of attempt by the Department of State Service (DSS) to arrest and detain Emefiele has continued to elicit responses from Nigerians including Senior Advocates of Nigeria (SANs).
Human right lawyers, Chairmen of some political parties, Civil Society Organisations, Ethnic Youth Leaders and Arewa Youth Consultative movement, under the auspices of Coalition of National Interest Defenders (CNID) had raised the alarm over an alleged plot by the Department of State Service (DSS) to implicate Emefiele for terrorism.
The DSS had through one U. S. Gambarawa on December 7, 2022 brought an ex parte application before the Federal High Court, Abuja, seeking the court’s order to arrest and detain Emefiele over alleged terrorism financing amongst others.
The court in its ruling on December 9, had declined to grant a request by the DSS to arrest Emefiele, stating that sufficient evidence was not brought before it to warrant the granting of the order.
Chief Justice of the Federal High Court, Justice John Tsoho, who delivered the ruling held that, “These are no doubt, grave allegations, but which the Applicant has not presented any concrete evidence to support”.
The position of the court corroborated the position of some civil groups that the move to arrest and detain Emefiele was a ploy to derail the CBN’s redesigning of some denominations of the naira as well as its cash withdrawal limits policy which becomes effective from January 9, 2023.
Chairman, Kaduna State Chapter of CAN, in a statement titled: “What are those against CBN new money policy Hiding?” expressed concern that persons that kept quiet when bandits and kidnappers made life in Kaduna, northern states and especially Southern Kaduna hellish, were bent on disrupting a policy that was capable of addressing the issue of ransom payment.
It added: “We are concerned that what should be a monetary policy has become a tool for some politicians to pick a fight with the Governor of the Central Bank and his board. Why would a spokesman of a political party be releasing a statement encouraging the DSS to go after the CBN Governor?
“That shows that this is a case of the voice of Jacob and the hand of Esau. Surely, every right thinking Nigerian knows that politicians had stockpiled huge sums of cash in order to manipulate the 2023 elections.
“Indeed, we saw the image on a blackboard behind the son of a prominent politician where the words ‘monetary inducement’ was boldly written. Therefore, we are of the considered view that the attempt to intimidate the Governor of the Central Bank of Nigeria into abandoning program of redesigning the naira and the new ATM limits is at the behest of politicians whose election strategy is based on money inducement,” it added.
CAN Kaduna State therefore warned that nothing must happen to the CBN governor, saying Nigerians would also want to know why the, “arrogant and aggressive actions against the CBN new money policy, and what is the secret behind this hidden agenda?”
It added: “Section 1 (3) of the Central Bank of Nigeria Act, 2007, provides that “The Bank shall be an independent body.”
“We remind all and sundry that the international community is watching this unfolding artificial crisis and is not fooled by the positioning of those who want to frustrate this patriotic policy. No one should take the silence and patience of Nigerians for granted. Nigerians have suffered enough.”
However, the Atiku/Okowa Presidential Campaign Organisation also alleged that inordinately ambitious politicians, “that run activities with bullion vans and raw cash are out to destroy the nation’s financial institutions, particularly, the CBN, for their selfish political interests.”
The spokesperson, Atiku/Okowa Presidential Campaign Organisation, Kola Ologbondiyan, stated this in a statement yesterday.
The Organisation noted that it was instructive to caution that the stability of the CBN as Nigeria’s apex financial institution was critical to the economic and social health of the nation and must not fall prey to corrupt politicians who are out to annex and control, “our national patrimony as well as resources for their personal ambitions.”
The statement added: “Nigerians know the politicians who are desperate for political office as their “turn”, who see our nation and her citizens as an estate for sale, and who believe that their vacuity, many gaffes, manifest incompetence, incapacity for leadership and allegations of smelly past can be perfumed through the dispensing of corruptly acquired cash.
“It is therefore important that those who are after the CBN and her Governor should be careful not to discredit the institution in the process as the consequential effect of such will be disastrous on our already ailing economy.
“Our campaign counsels such politicians to rather market their programmes to Nigerians, if they have any, and end their reprehensible hope on vote buying. What is of paramount importance to us in the Atiku/Okowa Presidential Campaign Organisation is the stability of the polity, economic growth as well as the wellbeing and happiness of Nigerians in the overall national interest.”
SANs Divided on Implications of DSS’ Plot to Arrest Emefiele
The recent revelation of attempt by the DSS to arrest and detain Emefiele has continued to elicit responses from Nigerians including SANs.
Speaking on the issues, some senior lawyers while commending the trial judge, Justice Tsoho for declining the granting of the order, were however divided on the implications of the DSS’ action on the economy and political environment.
According to Mr. Dayo Akinlaja and Mr Ejembi Eko, both senior advocates, the arrest and detention of the CBN would have serious implications on the economy and the forthcoming general elections.
“Without doubt, arresting a CBN Governor is bound to stir socio-economic ripples, which may prove dire to the wellbeing of the nation. Therein lies the imperative need to be exceedingly circumspect and careful in handling the situation.
“Where Mr. President is convinced that the need for his arrest outweighs the possible socio-economic prejudices, I believe he will throw his weight behind the Agency. In that case, all that needs to be done is to effectively manage the aftermath through adequate briefing and sensitisation of the citizenry and international community on why it has to be so. Of course, having regards to recent developments in the affairs of the CBN, masterminded by the Governor, it is only human that people would want to attribute the issue of his arrest to politics and the upcoming elections. By reason of this, the President should be extra-careful in handling this unfolding situation”, Akinlaja, SAN said.
He added that, if the matter was not properly handled, it has the potential to not only scare away foreign investors, but bring the country under international condemnation.
Akinlaja, while observing that the DSS needed not obtain an order of court as a prelude to investigating and arresting, if need be, the CBN Governor, since he does not enjoy constitutional immunity from arrest and prosecution, commended the agency for approaching the court for permission to arrest Emefiele.
He also commended the court for declining the request because sufficient evidence to warrant the grant of the order of arrest was not placed before the court.
“Anyhow, going forward, I believe the proper thing for the agency to do is to secure the buy in of the President on the subject if indeed there is a compelling reason to arrest the CBN Governor.
Similarly, Eko said, “if you arrest the Central Bank Governor of any other country be it Nigeria or any other nation at all, it will have implications on the economy and the economy does not work alone, the economy works in twine with the social and political realities of any state.
“So if you arrest the CBN governor it will affect the economy, if it affects the economy, it will affect the societal and political clime for a while and in view of the of the fact that we are preparing for an election the effect will spill over because the economy will determine the choice the voters make when they get to the polls. If the economy is bad, it helps them decide who they would vote for”.
Eko like other senior lawyers also observed that the DSS has statutory powers to arrest any person suspected of committing or about to commit act of terrorism or any other related acts without recourse to the court.
He explained that the DSS approached the court because it chose to subject itself to the discretion of the court in the matter.
He also agreed with Justice Tsoho in rejecting the motion because sufficient evidence was not brought to enable the court exercise its discretion.
For John Baiyeshea, there was nothing special in the arrest of a CBN governor if there were evidence of commission of an offence prescribed by law.
He however, stated that the DSS cannot make such a move to arrest the CBN Governor without thinking of the far reaching complications and implications.
“I don’t see how the arrest of the CBN Governor (if indeed there is good ground for it), can adversely affect the economy of the Nation, neither will it derail the forthcoming elections.
There are other capable persons to the job at anytime
“In Tanzania about a year ago or so, the President of the Country suddenly died, and the Vice President (a Woman), immediately stepped in. She was sworn in and she has been conducting the affairs of state without any hitch.
“The extreme situation that can happen to the occupant of an office is death and even in such situations nothing stops.
This is my candid view. The law is no respecter of persons in any civilised Country where the rule of Law prevails”, he added.
On his part, human rights activist Mr Femi Falana, commended the dispatch with which the case was handled pointing to it as take away from the issue.
“Within two days, the Chief of the Court, the Honourable Justice John Tsoho assigned the case to himself and heard it. As no sufficient evidence was adduced by the SSS the Chief Judge struck out the motion.
“However, his Lordship rightly pointed out that an order of court is not required to arrest and detain Mr. Emefiele if there is reasonable suspicion that he has committed the grave offence alleged against him.
“Having regard to the facts and circumstances of the case the position of the Chief Judge is unassailable. His Lordship deserves commendation for assigning and determining the case so swiftly. That is how it should be in matters of civil liberties for the law says so”, Falana stated.
While he congratulated Emefiele for his temporary legal victory, he called on the Chief Judge of the Federal High Court and Chief Judges of the High Courts of the States and the Federal Capital Territory to always assign fundamental rights cases with dispatch.
“Such cases ought to take precedence over political cases in line with the letter and spirit of the Fundamental Rights (Enforcement Procedure) Rules 2009.
“As a matter of policy, Nigerian Judges and Magistrates should end the practice of authorising the anti-graft bodies, security agencies and other law enforcement organisations to arrest and detain citizens on the basis of ex parte applications.
“Like Mr. Emefiele, other citizens whose liberty is liable to be abridged should be put on notice, regardless of their status. After all, all citizens are entitled to equality of rights, obligations and opportunities before the law”, he added.
For Mr Ahmed Raji, “it is a bit difficult to comment in the absence of a copy of the application made to the court.
“The DSS is a very responsible organisation while the Chief Judge of the Federal high court is a very senior and experienced Jurist.
‘The system should devise a means to resolve whatever the issues are. This should not be a matter for public debate in the overall interest of all of us”.
CBN’s Policies to Allow Voters Elect Credible Leaders, Says Ex- Kwara Governor
In a related development, the immediate past governor of Kwara State, Alhaji Abdulfatah Ahmed has said the policy on cash withdrawal limits was a master stroke that would allow voters to elect credible leaders in next year’s general elections.
He, however, explained that, “there is no doubt that money has taken over the nation’s political system and with this new CBN policy on withdrawal limit, it would reduce free flow of cash during the elections and allow voters to decide credible leaders that would lead the country.”
Speaking with journalists in Ilorin, yesterday, on the state of the nation, the two- term governor of the state said: “I see the policies as master stroke. This is because money has been in the forefront of the nation’s elections and the implications in that is that it has beclouded our capacity to question those who want to come and take responsibility of ruling us.
“It has also beclouded our capacity to question what programmes they have for us or to see whether to they truly deserve to be voted in or not because we get beclouded with money taken upfront.”
The former governor who was once a former banker added that, “for the first time, this change in naira will make it a bit difficult for cash to be available as it were for next elections.
“So, what the policy is telling us is that money will not be at the forefront in determining how we select leaders again.
“If that’s one key thing we’re able to achieve, it’s a way forward. Though, all we desire can’t be achieved in one sweep as it takes time to perfect it.
“The United States of America overcame ballot box snatching in the 50s. We’ll overcome ours too with time.
“Every policy taking us towards it should be embraced. We shouldn’t be hopeless. It’s beyond individual interests. It’s about selflessness to strengthen our democracy.”
The former PDP governor berated the present APC administration in the state, saying that he saw a lot of disconnect from policies already put in place by past administrations where he said people could have benefitted from.
“This disconnect usually lead to wastage of public resources as projects are not taken to completion level where people could benefit from. There are incongruences in policy application and programme development”, he said.
In the same vein, former Deputy National Publicity Secretary of the All Progressives Congress (APC), Mr. Timi Frank, urged the DSS to urgently halt its alleged grand plot to harass, humiliate, arrest and illegally force Emefiele out of office.
He called on Buhari to call the DSS and other conniving officials to order so as not to intensify the already heightened security situation in the country at this critical time.
Frank who is the United Liberation Movement for West Papua (ULMWP) Ambassador to East Africa and Middle East, said, “such gestapo tactics employed by the DSS against Judges of the Federal High Court and Supreme Court Justices in the past must be condemned by all well-meaning Nigerians.”
He noted that even though he was neither friend to nor a fan of Emefiele or the present administration, he would not, “fold his arms and remain quiet when a grave injustice is about to be meted to any Nigerian because “injury to one is injury to all.”
The Bayelsa-born political activist noted that allegations remain allegations, no matter how finely couched, until proven otherwise before a court of competent jurisdiction.
He added: “Therefore, the rule of law and due process must be followed if at all this present onslaught by the DSS is not a politically motivated witch-hunt against Emefiele.
“Let us not allow the kind of kangaroo and commando-styled operation by the DSS that was used to remove a former Chief Justice of Nigeria in the recent past.
“I call on all well-meaning Nigerians to resist a repeat of this type of injustice and inhumanity in our nation.
“If any government official has been found to violate certain aspects of our laws, let the Rule of Law be followed in redressing any such infraction.
“Why should any security agency want to remove someone who is trying his best to give some sort of credence to this government – that has failed in all aspects of good governance?
