REVIEW… Emefiele, Bawa: Is Tinubu continuing Buhari’s tradition of ignoring courts, keeping ‘enemies’ locked up?

On May 29th, 2023, during his inaugural speech, President Bola Ahmed Tinubu hinted on something many had suspected or feared, depending on what side Nigerians belonged, when he declared that there would be a thorough house cleaning in the nation’s financial sector, an obvious reference to the financial policies adopted over the years by the Central Bank of Nigeria (CBN) under its suspended Governor, Godwin Emefiele.

President Tinubu’s declaration did not however come as a serious surprise to many who had followed the back and forth Emefiele’s naira redesign policy was and the hardship it brought upon Nigerians and the rife insinuations that the policy was targeted at hurting Tinubu’s chances at winning the February 25, 2023 presidential election.

Ripples Nigeria recalls that Tinubu, during the campaigns in Abeokuta, the Ogun State capital, declared that if the then administration wants, let them hoard both the naira and petrol, election will take place and he would win.

Despite braving the odds and winning the election, President Tinubu, went ahead to suspend Emefiele on the 9th of June, exactly 10 days after taking over as President and Commander-in-Chief.

President Tinubu, not done with his cleansing, went a step further to suspend the Chairman of the Economic and Financial Crimes Commission {EFCC}, Abdulrasheed Bawa, directing the Director of Operation at the anti-graft agency, Mr Abdulkarim Chukkol to act in his stead, on the 13th of June, just few days after axing Emefiele.

The suspension of both Emefiele and Bawa, however, signaled the beginning of their travails, as they were both picked up and detained by the Department of State Services {DSS} for investigation.

Though the suspended CBN governor was suspected to have been arrested the same day he was suspended, the DSS denied it, only to confirmed that he had indeed been arrested the following day, the 10th of June, 2023.

“The Department of State Services (DSS) hereby confirms that Mr Godwin Emefiele, the suspended Governor of the Central Bank of Nigeria (CBN), is now in its custody for some investigative reasons,” Peter Afunanya, the spokesperson for the agency, said in a press statement.

Though Afunanya failed to provide details of how Mr Emefiele was arrested, reports had it that he was picked up from his home in Lagos and flown to Abuja guarded by a detachment of operatives.

Confirming the development, the Office of the Secretary to the Government of the Federation {OSGF} said Emefiele’s office, the CBN, was under investigation.

Ripples Nigeria further reports that before his suspension, Emefiele had had a running battle with the DSS, with the secret police accusing him of a barrage of offences, including llegations of “financing terrorism, fraudulent activities, and economic crimes of national security dimension.”

An application by the DSS to a Federal High Court in Abuja was however rejected because it failed to present sufficient evidence to justify issuing an arrest warrant against him.

In a similar fashion, the DSS, in a statement by Afunaya, of June 14, 2023, released a statement saying the DSS had invited Bawa, the suspended Chairman of the EFCC.

“The Department of State Services (DSS) has invited Mr Abdulrasheed Bawa, the suspended Chairman of the Economic and Financial Crimes Commission (EFCC). Bawa arrived a few hours ago.

“The invitation relates to some investigative activities concerning him”, Afunaya said in the statement.

Bawa, who presumably submitted himself has however remained in the custody of the DSS since June 14.

Though it is not certain what offence Bawa committed against Tinubu or the nation, it is believed in certain quarters that the suspended EFCC boss was in arms with Emefiele in the ill-fated naira design policy, aside other allegations against him.

Ripples Nigeria had reported that the Office of the Secretary to the Government of the Federation (SGF) had said in a statement signed by Willie Bassey, Director of Information, that the EFCC boss’ suspension resulted from “weighty allegations of abuse of office leveled against him.”

The statement further added that Bawa needed to step aside “to allow for proper investigation into his conduct while in office.”

In what seems a re-enactment of the travails of a former National Security Adviser {NSA} under the Goodluck Jonathan administration, Sambo Dasuki, who languished in DSS detention for years on allegation of misappropriation of funds meant for purchase of weapons for the nation’s military, Emefiele and Bawa have remained in DSS detention despite legal efforts to secure their release.

Ripples Nigeria reports that, at the last count, not less than three courts, both High Courts of the Federal Capital Territory had ordered Emefiele’s release from detention.

A High Court sitting in Abuja, on the 14th of July, more than a month after he was taken into custody, invalidated Emefiele’s arrest and detention.

The verdict was handed down by Justice Bello Kawu barely 24 hours after a similar ruling from another FCT High Court.

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The presiding Judge held that the arrest, detention and interrogation of Emefiele were in violation of the subsisting judgment and orders of Justice M. A. Hassan in Suit No. FCT/HC/GAR/CV/41/2022.

In another prayer granted by Hon. Justice Bello Kawu, the Court made an order setting aside, voiding, quashing, invalidating and nullifying any warrant of arrest obtained or procured by the Respondents, especially the DSS for the arrest, detention and/or interrogation of Mr. Emefiele in connection with the allegations of terrorism financing, fraudulent practices, money laundering, round tripping, threat to national security before or from any court since the date of the judgment of Justice M. A. Hassan.

Furthermore, the Court granted an injunction restraining the Respondents, particularly the DSS from arresting, detaining, further detaining or proceeding against, breaching or interfering with Mr. Emefiele’s personal liberty and freedom of movement or taking any other steps against him in connection with any allegations of terrorism financing, fraudulent practices, money laundering, round tripping, threat to national security before or from any court since the date of the judgment of Justice M. A. Hassan.

On Tuesday, a Federal High Court sitting in Lagos and presided over by Justice Nicholas Oweibo granted the embattled Emefiele bail in the sum of N20 million, in the case of illegal possession of a firearm brought against him by the DSS. After the ruling, officials of the Nigeria Correctional Services moved to take Emefiele into custody, but they met stiff resistance from DSS operatives leading to a physical confrontation by both agencies.

Afterwards, the DSS again took Emefiele back into their custody and whisked him away from the court premises, ostensibly to continue detaining him against the court’s order.

Meanwhile, Bawa on his part has remained in custody since his arrest about six weeks ago, and not much is heard about any legal processes for or against him.

While many are beginning to liken the travails of both Emefiele and Bawa to a continuation of the precedent set by former President Muhammadu Buhari, as evidenced by his handling of Dasuki, other Nigerians are faulting their continued incarceration, saying that it is at variance with President Tinubu’s pledge to uphold the rule of law!

And off course, there is no doubting that fact! As according to several lawyers and groups that have spoken out at different times, they believe the government and the DSS are wrong to keep citizens in perpetual detention without trial.

Though the DSS had said after the order of the FCT High Court that it had charged Emefiele to court, it was seen as an afterthought, with the charges of possession of firearms illegally deemed to be laughable and ludicrous.
For many analysts, Emefiele and Bawa’s prolonged detention may just be another show of naked power and personal vendetta, as a month is long enough for the DSS to conclude their investigations and properly charge them to court.

This is even moreso in the case of Emefiele, who the secret police had attempted arresting on charges of “terrorism financing and financial crimes of national security dimension”.

What then, is keeping the DSS and the Bola Tinubu-led Federal Government from acting according to the tenets of the Constitution and in line with the rule of law?

Why are they flagrantly disobeying court orders?

Speaking on the development, an Abuja-based human rights lawyer, Pelumi Olajengbesi, said it was “illegal” for the DSS to keep Bawa in detention without trial.

“Without any contradiction, the continued detention of Bawa by the secret police for over three weeks now is unconstitutional and a breach of the fundamental rights of the detainee.

“Illegality cannot beget another illegality. The SSS should immediately release Bawa to rejoin his family members without further delay or charge him to court to face charges preferred against him by the federal government. Anything outside these two options is alien to law and won’t stand”, Olajengbesi said.

A security sector reform expert, Chukwuma Ume, in his view, said the prolonged detention of Emefiele and Bawa is a “demonstration of naked power”.

Ume said: “…. it is also important to say that it is a demonstration of naked power. It is also something you find where there is a rule of man, not a rule of law, because in other climes, it is supposed that his lawyer would go to court.

“They (secret police) would have gone through the backdoor to get power to keep him longer than expected. His (Bawa’s) detention is not necessary because if you have removed him from office as EFCC chairman, he is not going to tamper with the evidence.

“Definitely, they have removed him and he does not have access to the EFCC anymore for some pertinent files that he would destroy the case. So, why keeping him there for so long? If you grant him bail as expected rather than going to the magistrate or the judge to get the injunction to keep him, it doesn’t mean he would fly away. He has no hidden place. He is not going to run anywhere in the world that you cannot get to.

“If he runs to the United States or Dubai you can bring him back because you have security and defence pact or agreements with these countries. That’s where Interpol comes in. What is happening is just a show of power.”

However, the spokesman of the DSS, Afunanya, in reaction to growing concerns about Bawa’s prolonged detention, said: “All legal procedures are being diligently followed. We had assured of professionalism, justice and fairness in the matter in line with the tenets of the law.”

He was however elusive on when he will be charged to court or released to go home.

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