By Kunle Edun
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The drama over the possible arrest of Mr. Godwin Emefiele, the Governor of the Central Bank of Nigeria has been taking much of the news-space for the past few weeks. The CBN Governor, who was on vacation in the U.K resumed work on Monday at the Central Bank Headquarters, Abuja, reportedly accompanied by five Senior Advocates of Nigeria, for which reason I fail to understand.
Lawyers are not in any position to physically stop the DSS from arresting anyone, if the DSS wanted to yesterday. By the Rules of Professional Conduct, legal practitioners are enjoined to avoid situations where they will be putting themselves in conflicting positions for their clients; as counsel and witness. However, the statement of DSS that they did not invade the CBN Headquarters and never wanted to effect the arrest of the CBN Governor was reassuring.
But that is not all. The allegations against the CBN Governor are very serious. Financing terrorism and looting of stamp duty funds are allegations that can never be ignored. The order of the Federal High Court restraining the DSS and other security agencies from inviting and arresting Godwin Emefiele, however wrong it may be, is still an order of court and subsisting. That order must be respected until set aside by the same court or an appellate court.
Interestingly, the order of the Federal High Court did not stop the DSS or any of the security agencies from investigating Mr. Godwin Emefiele or prosecute him in a court of law. A prosecuting agency like the Ministry of Justice and the Nigerian Police do not require any order of court to arrest a suspect before he can be investigated or prosecuted. In fact, the prosecution of a suspect can commence without the suspect being arrested. This is in consonance with the spirit of section 35(2) of the Constitution of the Federal Republic of Nigeria, 1999 and the provisions of the Administration of Criminal Justice Act, 2015. These statutes actually encourage intelligence-driven investigation as against arrest-driven investigation, which is the daily routine of most of Nigeria’s security agencies.
Public officials should not be encouraged to use the law to cover up their official recklessness and misdemeanours. They should subject themselves to the law, like every other Nigerian. The Courts should not provide easy cover for them. They must account to the citizens of the Federal Republic of Nigeria. It has been in the news that several trillions of naira are missing from the stamp duty account. It has also been reported that there are some secret accounts in banks holding trillions of naira with no trace to their owners, and would be enough to pay Nigeria’s debt. I don’t know whether it is true. Unfortunately, and characteristically, the President of the Federal Republic of Nigerian and the Attorney General of the Federation have been keeping mute on these serious allegations. The DSS lacks prosecutorial powers; it is only a secret police. Would the office of the AGF be ready to prosecute Mr. Godwin Emefiele, if the facts reveal that he committed the crimes alleged?
The DSS and the office of the AGF do not require the arrest of Godwin Emefiele to commence prosecution, if truly there are facts supporting their allegations. Section 35 (2) of the Constitution guarantees a suspect’s right to remain silent and to “avoid answering any question…”. The AGF should file a criminal charge at the Federal High Court and serve same on Mr. Godwin Emefiele. The charge once filed, will require Godwin Emefiele to appear in Court to answer to the charge. Upon arraignment, he may have to apply for bail or the court can suomotu grant him bail on terms. None of these steps will violate the order of the Chief Judge of the Federal High Court, Hon. Justice T O. Tsoho.However, failure, to take any of the steps may compel discerning members of the public to suspect shenanigans and dirty politics can be prosecuted for fraud.
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