Lawyers Condemn Fresh Charge against Emefiele

*Seek removal of DSS’ DG over alleged persecution of suspended CBN governor

*Absence of co-defendant stalls Emefiele’s arraignment on alleged procurement fraud

*Court strikes out firearm charge against him 

*Says prosecution not law-abiding, has no respect for court 

Alex Enumah in Abuja and Wale Igbintade in Lagos

Some lawyers in the country have condemned what they described as the endless use of fabricated charges by the Department of State Service (DSS) to keep the suspended Governor of the Central Bank of Nigeria (CBN), Mr. Godwin Emefiele in custody.
This was just as the arraignment of Emefiele before a High Court of the Federal Capital Territory (FCT) was stalled yesterday, due to the absence of his co-defendant, one Mrs Sa’adatu Yaro.

However, Justice Nicholas Oweibo of the Federal High Court in Lagos yesterday, struck out a two-count charge of illegal possession of firearms and ammunition filed against Emefiele.
President Bola Tinubu had shortly after assumption of office suspended Emefiele as CBN governor over alleged infractions and breach of trust.
Emefiele was then arrested on June 10, and later arraigned a month after on a two count charge of alleged unlawful possession of firearms.
Although, he pleaded not guilty to the charge and was admitted to bail, the Department of State Service (DSS) refused to recognise the bail, claiming that Emefiele still had other charges to answer to.

He has been in custody since June 10, when he was arrested despite the order for his release.
Justice Muazu had in July, ordered the government to arraign him within seven days or release him immediately.
The federal government yesterday, scheduled Emefiele and one other for arraignment on a 20- count charge bordering on alleged conspiracy and procurement fraud.
However, the arraignment was stalled due to the absence of the second defendant who was reported ill.
Reacting to the development, lawyers under the platform of Lawyers in Defence of Democracy (LDD), who decried the action of the government as an after-thought called on Tinubu to immediately sack the DSS Director General (DG), Mr. Yusuf Bichi, for dragging the agency into a matter outside its jurisdiction and competence.

They predicated their request on the grounds that Bichi had pioneered the affairs of the organisation against its statutory mandate, in the arrest, detention and subsequent charges preferred against Emefiele.
While describing the fresh 20-count charge against Emefiele as forum shopping and politically motivated, the lawyers wondered why the DSS should abandoned their statutory mandate of internal security to issues bordering on procurement of vehicles.
Spokesperson of the group, Ahmed Tijani, who spoke to journalists after the aborted arraignment of the former CBN governor equally called on Tinubu to review the modus operandi of the DSS.

“We are here to witness the arraignment of the suspended CBN Governor, Mr. Godwin Emefiele. You will recall that on July 25, 2023, we were in Lagos at Ikoyi Federal High Court, where the DSS arraigned former CBN governor on a two-count charge bordering on illegal possession of firearms and ammunition.
“We condemned that arraignment and fortunately, the Court granted bail to Emefiele and you saw the show of shame that took place in court on that very day.  We condemned both the arraignment and the charges and we told you that the gun in question was a dane gun.
“I think they have gone back and looked at the charge they preferred against him and they realised that they have goofed. Today, they wanted to arraign him on a 20-count bordering on procurement.

“It appears to us that the DSS has lost focus of its constitutional and statutory mandate. The DSS was established to handle matters that bordered on internal security -terrorism.
“Before now, they told us that Emefiele has cases to answer on matters that has to do with terrorism. We were expecting that the charges will reflect terrorism count charges. Surprisingly, what we saw are matters bordering on procurement.
“That he gave contracts for the award of Land Cruisers. This is a charade and making mockery of prosecution. We can’t take this. What the DSS is doing is forum shopping,” he added.
The group equally called on the newly appointed Attorney General of the Federation and Minister of Justice(AGF), Mr. Lateef Fagbemi, to review the activities of the DSS.

Another member of the group, Okere Kingdom, in his contribution, narrated how the DSS had in December last year, framed Emefiele for financing terrorism and actions that undermined national security.
“It all started in December when the Chief Judge of the Federal High Court, Justice John Tsoho, refused to grant a black market injunction at the request of the DSS. This is purely a political vendetta”, he stated.
He called on the DSS to live by example by publicly publishing its audited account of the procurement of their operational vehicles.

Absence of Co-Defendant Stalls Emefiele’s Arraignment on Alleged Procurement Fraud

Meanwhile, the arraignment of Emefiele before a High Court of the FCT yesterday, was stalled, due to the absence of Sa’adatu Yaro.
The duo alongside a company, April 1616 Investment Limited, purported to belong to Yaro, were to be arraigned before Justice Hamza Muazu on a fresh 20-count charge bordering on alleged breach of procurement laws.
However, when the matter was called yesterday, Emefiele who was in court and entered the dock could however not take his pleas because of the absence of Yaro, who was reported to have taken ill yesterday.

Consequently, the court adjourned till August 23, for the arraignment of the defendants.
The federal government on Tuesday, withdrew the two-count charge of alleged illegal possession of firearms filed at a Lagos Federal High Court.
In the fresh charge, the federal government accused the suspended CBN governor of conferring corrupt advantages on Yaro, through the award of contracts to April 1616 Investment Limited, up to the tune of N99.9 million for the supply of cars.
The said transaction was said to have occurred between 2018 and 2020 and was alleged to have contravened Section 19 of the Corrupt Practices and Other Related Offences Act 2000.

If found guilty, he could spend up to five years in jail.
“Any public officer who uses his office or position to gratify or confer any corrupt or unfair advantage upon himself or any relation or associate of the public officer or any other public officer shall be guilty of an offence and shall on conviction be liable to imprisonment for five years without an option of fine,” the law stipulates.
According to the charges, Emefiele and Yaro were alleged to have purchased a fleet of about 100 posh vehicles and armoured buses worth about N6.9 billion.
In December 2022, the DSS had filed a warrant of arrest before the Federal High Court in Abuja, where it had accused Emefiele of egregious financial and terrorism-related crimes.

However, the court declined to grant the request, citing the service’s failure to place any evidence before it to substantiate the application.
In count one, Mr. Emefiele was said to have “sometime in 2018 within the jurisdiction of this honourable court did use your position as Governor of the Central Bank of Nigeria to confer a corrupt advantage on Sa’adatu Ramallan Yaro, a staff member of the Central Bank of Nigeria by awarding a contract for the supply of 37 (Nos.) Toyota Hilux Vehicles at the cost of N854,700,000 only to April 1616 Investment Ltd, a company in which she is a director and thereby committed an offence.”

In another count, the suspended CBN chief, Ms Yaro and her company “sometime in 2019 within the jurisdiction of this Honourable Court did conspire amongst yourselves to use the office of Mr. Godwin Ifeanyi Emefiele as Governor of the Central Bank of Nigeria to confer a corrupt advantage on Sa’adatu Ramallan Yaro, a staff of the Central Bank of Nigeria by awarding a contract for the supply of 1 (No.) Toyota Landcruiser V8 at the cost of N73,800,000 only to April 1616 Investment Ltd., ‘’ the charge stated.

According to count 10, “Ms Yaro, sometime in 2018 within the jurisdiction of this honourable court while being employed at the CBN knowingly held directly a private interest as director in April1616 Investment Ltd., in a contract awarded to the said company, for the supply of 47 Toyota Hilux vehicles at the cost of N1,085, 700,000 and thereby committed an offence.’’

Count 11 read: “That you, Sa’adatu Rammala Yaro, female, adult, sometime in 2018 within the jurisdiction of this honourable court while being employed at the CBN knowingly held directly a private interest as director in April1616 Investment Ltd., in a contract awarded to the said company, emanating from the CBN where you are employed, for the supply of 10 Mercedes Benz armoured buses at the cost of N2,222, 500,00 and thereby committed an offence.’’

Court Strikes Out Firearm Charge against Emefiele
In the meantime, Justice Nicholas Oweibo of the Federal High Court in Lagos, yesterday struck out a two-count charge of illegal possession of firearms and ammunition filed against Emefiele.

Justice Oweibo struck out the charge for want of diligent prosecution, following the withdrawal application made by the Director of Public Prosecution of the Ministry of Justice Mohammed Abubakar.

The Judge however, noted that the prosecution  showed that they were not law-abiding and have no respect for the court.

Allowing the withdrawal of the charge, the judge wondered what good it would serve the defendant who is in custody, if the court does not allow the withdrawal.

Justice Oweibo held that the prosecution has the statutory powers to withdraw any charge against a defendant at any trial stage.

The judge held that the application filed by the Director of Public Prosecution, seeking the withdrawal of the case was found in Section 108 of the Administration of Criminal Justice Act (ACJA), which empowers him to withdraw the charge and there is no requirement for the application to be in writing.  

He stated: “The prosecution has shown that they are not law-abiding and have no respect for the court. The court cannot force them. What good will it be for the defendant who is in custody? What benefit will it be to keep the file in the court’s docket?

“I believe the proper thing is to allow them to withdraw the charge. They can abandon it and the court will still have to strike it out for lack of diligent prosecution. The application to withdraw is at this moment granted.”

The government had accused Emefiele of possessing a single-barrel shotgun (JOJEFF MAGNUM 8371) without a licence, an offence 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.

The defendant was 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.

The defendant had pleaded not guilty to the charge, a development which made the court grant him bail in the sum of N20 million.

Part of the conditions included an order that the suspended CBN Governor should be remanded in the custody of the Nigerian Correctional Services pending the perfection of the bail terms.

But rather than obey the order, the DSS rearrested and kept him in their custody after a scuffle with some Correctional Services officers.

The DPP, at the Federal Ministry of Justice, Mohammed Abubakar, had told the court that the federal government had decided to withdraw the charge based on emerging facts and circumstances of the case, which requires closer investigation.

The DPP stated that his oral application was brought in pursuant to sections 108 of the Administration of Criminal Justice Act and 107 of the 1999 Constitution.

But the defence counsel, Joseph Daudu, had opposed the move, submitting that the court could not hear the oral application because the prosecution had not complied with the court’s order granting Emefiele bail.

He had also argued that the there was no application before the court because the prosecution had not complied with the law and the rules of the court.

He had stated: “It must be in writing; I have never heard of an application to withdraw a case without the prosecution filing a nolle prosequi. So I will urge the court that in the interest of justice, its need to prevent this abuse of the legal processes.

“Every application they brought against any citizen of this country under section 174 is a nolle prosequi; the government cannot come before the court orally for that; it ought to be by “nolle prosequi”, at the point in term there is no application before the court.

“I urge the court to reject the application and order the learned DPP to continue today’s business,” he said.

“We have an application before the court, which accused the AGF of disobeying the court’s order, ordering that the respondent/ defendant should be remanded in the custody of the Nigeria Correctional Service.

“The court also granted the defendant an order of substituted service to be published in three National newspapers, and after we obtained these orders, they brought an application of stay of execution of the bail, and we say unless they obey that order, the court can not proceed,” Daudu stated.

While responding to the defence arguments, the DPP said nolle prosequi differed from withdrawing a charge; he cited section 108 of the Administration of Criminal Justice Law 2015.

He stated that while Section 107 provides that the application for withdrawal shall be in writing, Section 108 is silent on the mode, it gives the prosecutor the authority to apply to the judge, and our application was made under Section 108.