Criticism as DSS Makes Bizarre Comment on Emefiele, Describes Lawyer as ‘Outlawed IPOB Counsel’

•CJ assigns suit against suspended CBN Governor, may be arraigned during court vacation

•Emefiele asks court to grant him bail on self recognition

Kingsley Nwezeh in Abuja, Wale Igbintade and  Sunday Ehigiator in Lagos

The Department of State Services (DSS) has come under heavy fire for making bizarre comments about the suspended Governor of the Central Bank of Nigeria, (CBN), Mr. Godwin Emefiele, who is still in its custody and his counsel, Maxwell Okpara, whom it tagged as an “outlawed IPOB Counsel”

The DSS in a series of tweets yesterday accused Okpara of mobilising other like-minded lawyers against the Services’ Director General, Yusuf Bichi.

It described Okpara as a “Biafran Republic agitator” and that the lawyer needs to understand the law on Emefiele’s arrest.

In a tweet on its official account, @OfficialDSSNG the DSS wrote, “Charge and bail, overzealous uninformed IPOB/ESN lawyer Maxwell Okpara mobilises other like-minded lawyers against DGSS, futile Efforts. Well, Nigerians, beware! This is in bad faith, transferred aggression.

“A Biafran Republic agitator and Outlawed IPOB counsel defending the suspended CBN Governor. Is IPOB defending one of theirs???? What a contradiction…..hmmm…what’s the connection? Is someone telling us something? May Maxwell be properly educated on points of law, please.”

Okpara is one of the lawyers fighting to secure the release of the embattled CBN governor. The lawyer had represented Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), on a couple of occasions.

Recently, a group of lawyers led by Okpara and Ahmed Tijani, had initiated a contempt charge against Bichi and asked the court to order his arrest, for failing to release Emefiele, despite a court order mandating his release on bail.

The lawyer had stated that the DG of DSS should have ordered Emefiele’s release from custody in light of the prevailing judgements and orders issued in separate instances.

They cited orders by M. A. Hassan, Garki FCT high court judge; Hamza Muazu, Maitama FCT high court judge and Bello Kawu, APO FCT high court judge. Emefiele has been in DSS custody since his arrest on June 10.

Many Nigerians criticised the DSS over the tweet. A twitter user, @DanielRegha, wrote, “Whoever is handling the DSS’ account needs orientation; Making a statement is one thing, but name-calling and profiling make no sense.

“The post about Maxwell Okpara reeks of hate towards the Igbos which is unprofessional. Someone can easily mistake that for a parody acct. Shame.”

Meanwhile, the DSS has insisted that contrary to claims about court judgements against it, the court actually refused to grant the reliefs of the applicant.

“Justice Kawu in his judgement refused to grant the following reliefs of the Applicant: an Order setting aside his arrest and detention by the Service; an order setting aside the detention order obtained by the Service;

“An Injunction restraining the service from further arresting and detaining him.

“He, however, noted that since the detention order exhibited by the service has expired on 10th July 2023 the service is hereby ordered to arraign him within 48hrs or release him on bail and the service had already charged him as stated yesterday”, a guide provided by the Spokesman of the DSS, Peter Afunanya said.

Relatedly, the Chief Judge of the Federal High Court, Justice John Tsoho, has assigned a suit brought against Emefiele.

Court documents revealed that the suit had been assigned to Justice Nicholas Oweibo of the Federal High Court, in Lagos, but no date was fixed for hearing.

However, there were indications that the matter may be heard during court vacation which commences on Monday July 24, 2023.

Already, Justice Oweibo and Justice Akintayo Aluko have been designated to adjudicate on cases at the federal high court, Lagos Division during vacation.

The federal government had in a two-count charge dated 13th of July 2023, filed by the Solicitor General of the Federation accused the former CBN governor of unlawful possession of firearms.

The two-count charge was signed by, M B Abubakar, from the Department of Public Prosecutions, Federal Ministry of Justice, Abuja.

The federal government, in the charge, had accused Emefiele of possessing a single-barrel shotgun (JOJEFF MAGNUM 8371) without a licence.

The government had maintained that the offence was contrary to Section 4 of the Firearms Act, Cap F28 Laws of the Federation 2004, and punishable under Section 27 (1b) of the same Act.

In the second count, the suspended CBN governor was also accused of having in his possession 123 rounds of live ammunition (Cartridges) without a licence, which is contrary to Section 8 of the Firearms Act Cap F28 Laws of the Federation 2004 and punishable under Section 27 (1)(b)(il) of the same Act.

Emefiele asks court to grant him bail on self recognition

Meanwhlie,  Emefiele, has asked the Federal High Court sitting in Lagos to admit him to bail on self recognisance pending the hearing and determination of the charge filed against him by the federal government.

The bail application which was filed by his lead counsel, Senior Advocate of Nigeria, Joseph Daudu was brought pursuant to the relevant provisions of the constitution, the Administration of Criminal Justice Act of 2015 and the inherent powers of the court.

It was not yet certain when Mr Emefiele would be arraigned on the two counts of illegal possession of a firearm and ammunition but there are indications that it would be sometime during the annual vacation of the court which commences on Monday, July 24, 2023.

The suspended CBN governor’s case has been assigned to Justice Nicholas Oweibo, who is one of two vacation judges for the court. The other is Justice Akintayo Aluko.

Emefiele’s application for bail was premised on nine grounds.

First, he contended that the offences for which he was charged were bailable. He also said he has never been convicted of any offence and he is presumed innocent until proven guilty.

The suspended CBN governor also said that granting him bail would afford him adequate time and facilities to prepare his defence to the charge.

Referring to his reputation and past credible record as well as his status of being a former CBN governor, the defendant said he is not a flight risk and would not jump bail if it is granted.

He also pointed out that since investigations have been concluded, there is no likelihood of interference on his part. While promising to attend trial punctually, the defendant also indicated his willingness to provide responsible sureties as may be required by the Court as a condition for the grant of bail.

A total of 10 lawyers including five senior advocates have been listed to defend the suspended CBN governor. They’ll be led by a former President of the Nigerian Bar Association, Senior Advocate of Nigeria, Joseph Daudu.

The other senior advocates are Akinlolu Kehinde, Bert Igwilo, Victor Opara and Emeka Obegolu.

In documents put before the court in support of the bail application, Emefiele denied being guilty of the offence with which he is presently charged.

The suspended apex bank governor has been in the custody of the DSS since June 10.

Already, 60 Constitutional and human rights lawyers have asked a High Court of the Federal Capital Territory (FCT) to commence a committal to prison proceedings against the Director General of the State Security Service (SSS), Mr. Yusuf Bichi, to Jail for alleged disobedience of the Order on Emefiele’s release

The consortium of lawyers led by Opara and Tijani, specifically are asking the court to commit the DSS DG to prison until he purges himself of the contempt.