Author: Dodo Elias Denen

The Department of State Services (DSS) has frowned at allegations of disobedience to Court Orders widely circulated in the media.

A statement signed by Peter N. Afunanya, Public Relations Officer, Department of State Services (DSS), National Headquarters, Abuja read that the agency has always obeyed Court orders in contrast to what critics believe. 

“Recently, the media is awash with various commentaries about DSS disobedience to Court Orders. These accusations, as wrong as they are, have peaked in the Emefiele saga. 

“It may interest the public and indeed the avowed critics of the Service to note the following incidents and timelines to show that it has religiously obeyed Court orders in respect of the case and even others.

“In 2022, the Service commenced the investigation of Mr Godwin Emefiele on suspicion of Terrorism Financing, Money Laundering among others and subsequently applied to the Federal High Court, Abuja for his arrest and detention.  

“But the Chief Judge objected to the order and clearly stated that the Service did not need an order to investigate or arrest him. Emefiele was to later obtain a restraining order issued by Justice MA Hassan of the FCT High Court against the Service. Instructively, the DSS obeyed this Order and did not arrest or detain Emefiele.

“However, on 9th June, 2023, Emefiele was suspended as CBN Governor by the President. Based on new information and suspected criminal infractions, the Service, as expected by law, arrested and detained him using a Magisterial Order. 

“On 10th July, 2023, Justice Hamza Mu’azu of the FCT High Court, while recognising that the DSS had every legal right to arrest, detain and investigate Emefiele, ordered for his release or prosecution within seven days. 

“The Service expeditiously and expressly complied with the order and charged him for illegal possession of firearms and ammunition being one of the criminal suspicions. The Muazu Order had, by implication, extended Emefiele’s detention by seven days with effect from 10th July, 2023 when the initial detention order had expired.

“Within the same period, Justice Bello Kawu of the same FCT High Court, while dismissing reliefs sought by Peter Abang, Counsel to Emefiele on 14th July, 2023 ordered for the release or prosecution of Emefiele within 48 hours. 

“However, the Service had complied with the seven days ultimatum issued by Justice Muazu. In obedience to rule of law, Emefiele was arraigned before Justice Nicholas Oweibo of the Federal High Court, Ikoyi, Lagos, on 25th July, 2023 for illegal possession of arms and ammunition. 

“The Service had long issued a press statement over the incident that happened at the Court between its staff and those of Nigerian Correctional Service (NCoS) and pledged to investigate it. Though the investigation is ongoing, the preliminary findings are quite shocking considering the ignoble roles played by some public officials.

“As normal with criminal investigations, security agencies re-arrest suspects when there is adequate suspicion of commission of a crime or as may be revealed by an ongoing investigation. Emefiele was re-arrested on the basis of this. 

“Even though the re-arrest was tainted by the overzealousness of personnel of the Service and NCoS, it was nonetheless legally procedural.

“Later, the Service applied for an Exparte Order at the FCT High Court presided by Justice Edward Okpe (and not Justice Mu’azu as erroneously and massively reported in the media) to detain Emefiele for 14 days. 

“Against the established rules regarding exparte applications, a lawyer suddenly appeared in the Court for Emefiele. While the Judge did not outrightly reject the DSS request, he struck out the motion upon its withdrawal by the Service counsel. But this is not without his guidance. 

“Earlier, the Judge had drawn the attention of the Counsels to Section 293 of Administration of Criminal Justice Act (ACJA) which also recognises the Magistrate Court as a competent Court that can first be approached for an order for custody of a suspect under investigation. 

“In other words, the Service, having taken the hint of the Court, took the right steps. What transpired at the Court was, thereafter, variously misrepresented by some mischief makers. Part of the disinformation is to the effect that the Court “struck out the application and stated that it was an abuse of judicial process”. That was not what the Court said. What Justice Okpe said was “the Applicant having withdrawn the application, same is hereby struck out”. That was all. 

“The Court records are there. But purveyors of fake news distorted the message to suit their intent; just to make the Service look bad – a sort of giving the dog a bad name in order to hang it.

“Many had gone to town with stories of DSS fragrant disobedience to Court Orders especially in view of the last episodes at the High Courts in Lagos and Abuja. With what played out at the Court on 27th July 2023 under Justice Okpe, the Service immediately applied and obtained a detention Order from a Magistrate Court. So, Emefiele is legally detained. For reasons that the Emefiele case is subjudice, the Service will restrain from making further comments on the subject matter. 

“For either lack of knowledge or deliberate act to ignore the truth, there has been sustained bashing of the Service and its leadership in the media and public spaces. It is ironical that the same people who condemn media trial are daily taking the Service through the same. The actual points are however, not lost on the Service. It is aware of the depth of the orchestrations and even deeper plot to incite the judiciary against it. 

“Targeting DSS DG, YM Bichi, for insidious media attacks is needless. Any DGSS, even if brought from heaven among the angels, will discharge the DSS mandate. There isn’t a time in our national sojourn for greatness that key organs of government will cease to exist or not needed. 

“The DSS, like the CIA, FBI among others, is a major and positive instrument of State administration and management. It is essential for statecraft, governance, stability and public order. Scraping it as being canvassed by the uninformed is unreasonable. It is indeed obvious the DSS is misunderstood. It is obvious there is a mob action against the Service. Allow the DSS be. Allow Bichi, a fine gentleman officer, be. Support DSS. Support Nigeria. As in the national anthem, Arise, O Compatriots.

“Some critics have made varied insinuations including abusing the Service, its leadership and completely distorting the significant historical role of the Service in nation building. Others have said it is wobbling and of no relevance. Laughable. 

“The DSS is not tottering. It is standing and firmly too. Even the worst of its critics knows that the Service has played (and still plays) stabilising roles for the nation. Its loyalty and patriotism are incomparable. 

“The Service is a stabilising force for the country’s democracy. Same for the indivisibility and indissolubility of Nigeria’s sovereignty. Only a collaborative support from stakeholders will strengthen this. The Service does not claim to know it all; a reason it allows for constructive criticism and makes out time to explain itself in line with transparency and democratic accountability.

“Whether on Emefiele, Bawa or Kanu, the Service has obeyed judicial orders and handled the cases procedurally and in accordance with the rule of law. Critics are encouraged to be a bit more discerning and up their research capabilities. Doing so will reveal that the Service obeys orders. 

“The Court of Appeal judgement on Kanu is recommended for detailed study. Maybe, we can decipher the difference between Discharged and Acquitted and what the use of either or both mean in the final order of a Judge. The DSS is an ardent respecter of the law. Anyone may argue this but it is true. It is in this regard that it has applied for either a stay or notice of appeal on some of the matters. One who does not obey the laws will not resort to legal procedures like the DSS has done.

“Let those seeking justice not intimidate the Judges or derail law enforcement efforts. Judges deliver justice without fear or favour and should be allowed to discharge their duties honourably. For the umpteenth time, the Service reiterates its unequivocal stance on rule of law and respect for the judiciary. This position remains unchanging despite the futile attempts to paint it otherwise.”

By Chibuike Ohaegbulam
(Commentator on Public Affairs)

Once upon a time, there was a man called Godwin Emefiele who lived and worked in a country known as Nigeria. Emefiele was a banker and rose to be the Group Managing Director of Zenith Bank. In 2014, Emefiele was appointed the Governor of Central Bank of Nigeria (CBN). He became very powerful. Very influential that he discarded his old friends and benefactors.

While rumour mills had it that Emefiele would be sacked when a new Government took over in 2015, he, instead, consolidated power. He made new friends and patronised them. He was in charge of the country’s vault. He could dispense favours in any way he wished. From N150 per dollar when he took over as CBN, the foreign exchange shot up. As people complained, Emefiele paid deaf ears. No one mattered. He was not answerable to anyone except to the President and his men. Emefiele grew wings. He became so proud. He was so insensitive to the cries of the common people.

Emefiele came up with an idea; an idea that favoured his friends and cronies. He created an unnecessary arbitrage for the foreign exchange. He had two rates; one for the ordinary people and those who did not have access to him and the other for the powerful, his friends and beneficiaries. All it took for any of such to be an overnight Billionaire was knowing Emefiele or being in his good book, just get dollar at a cheaper rate from the CBN and off load in the black market. Banks were starved of FX. Nigerians cried. Businesses suffered. Foreign Direct Investment was zero. International trade was in total collapse. Emefiele became a household name for the wrong reasons. He conjured many diversionary policies namely anchors borrowers, rice farmers association etc etc.

An African adage has it that those who the gods wish to kill, they first make mad. Emefiele became larger than life. He had other ideas. To crown his pride, Emefiele began to nurse a bigger ambition. He wanted to be the President of Nigeria. He organised his associates or they organised themselves. A Presidential ticket was procured for him with the whopping sum of a hundred million Naira. Opposition rose against him. He went to Court. Barefaced arrogance! Nigerians roared. Protests erupted. And citizens were told Rice Farmers Association bought the Presidential form for him. Emefiele or his supporters also procured several Sienna buses for the presidential campaign project. The buses were well adorned with his pictures. Was it possible a sitting CBN Governor would throw in his hat to become President, citizens asked. People watched, in surprise, how that would materialise. Emefiele was eventually stopped or he stopped himself. But he stopped. Measured reason prevailed. Emefiele went back to his work. It was said that Emefiele retreated mischievously.

As preparations for the elections went by, Emefiele devised a means seen by many as ways to scuttle the process or stop certain persons from winning. He started a redesign of the country’s currency. He gave short notice. He disobeyed Court orders; even Supreme court orders. He had the buy-in and support of the then President, called Muhammadu Buhari. Emefiele told him the policy would check vote buying. But it did not. Emefiele spoke to Nigerians very arrogantly. He talked tough. He discarded every advice. Nigeria went up in flames. People died. Some went naked or fainted in Bank halls. There was hunger. People started doing trade by barter – exchange of goods and items. People exchanged what they had with what others had that they didn’t have. POS operators became masters. Sick people could not buy drugs. Transport fares went up. Rural dwellers called their relatives in the city to send them help. Both old and new currencies became scarce. Children could not take food to school. Only those who knew Emefiele or those that knew such persons enjoyed. The President at that time, even made a broadcast to beg Nigerians. He pleaded for their understanding. There were several violent demonstrations. Everyone except Emefiele was agitated. Emefiele had the army. They gave him protection from everything – from arrest, investigation or anything. He was larger than life.

Eventually the election held. Emefiele and his cohorts did not stop it. One man named Bola Ahmad Tinubu won the election and was inaugurated as the President. Before then he had cried and said some persons wanted to stop him from winning even though it was his turn. He shouted “Emilokan”. He was to later declare that he was seized by the spirit and courage of Emilokan, it is my turn spirit.

About two months after Tinubu was sworn in as President, he suspended Emefiele due to financial reforms he wanted to carry out. Nigeria’s domestic intelligence service (some call it SSS and others, DSS) arrested Emefiele. Controversies trailed his arrest. Remember, Emefiele became a man of means having spent nearly 10 years as CBN Governor. He had deep pockets. He could buy anything. He was even flying in private jets. So due to his immense wealth, he “bought” everyone. Emefiele began to dramatize his arrest.

Story had it that all those who were once his critics started showing support for him. They even rumoured that a group of persons called Obidients and Atikulated were his core supporters. They never liked anything Batified. These groups turned Emefiele’s supporters overnight. If Emefiele was bad, they did not care. Politics took over Emefiele’s arrest or any effort to bring him to justice.

In the judiciary, lawyers who never had business with him came to his support. Civil society groups started singing his praise. There was a story that the day he was taken to court, some prison officers were falling head over heel to have his attention. The people of Nigeria said the prison officer in charge (an equivalent of a Police Assistant Commissioner of Police (ACP), did not explain why he was personally in court that day. Or was he aware the Judge would hand over Emefiele to prison authorities? People wondered if there was a conspiracy between prison authorities and Emefiele. Why should the prison fight for custody of someone? Was there a deal? There was even a gossip that prison people wanted to take Emefiele away for, at least, a night to get “something” from him. Many questions were asked! Were prison warders supposed to take someone they did not bring to court? All the episodes looked every inch organised.

It was told how Emefiele divided people because he had money. His trial lasted long. He scandalised everyone. He hired strong and well-funded Senior lawyers called SANs. He built a mob. His sympathisers were part of this mob. His sympathisers started to argue that possession of gun for which he was temporarily charged was not a crime. People who were once maltreated by Emefiele started to defend him. Everywhere you went – Radio, Tv, paper reviews and news rooms it was in defence of Emefiele. Power of money, they said. Power of reach, we were told. Emefiele had bought everyone. He had bought over same people who did not want him to be President and condemned him for trying to contest. His supporters became blind to reason and truth. They would not accept contrary views. Those who had long knives drawn against Tinubu hid under Emefiele. Strange alliances surfaced. Money spoke. Several otherwise sane people were at the beck and call of Emefiele. Those who benefited from him were in the amorphous crowd.

This shall be the storyline of the Emefiele saga. Children of today and those yet to be born will be told of the story of a man who was desirous of taking over his country and when he failed, used his allies to recruit enemies against the State and patriotic citizens. But let this not be the story. It must never be said that all Nigerians forgot easily soon or turned a blind eye to such gross travesty. It is largely said in local parlance, that if you fight corruption, it will fight back. Is the current situation a realisation of that saying? Is Emefiele fighting back by procuring disloyal elements who have loaned their conscience for a bite of what is left of his big purse? For a few pennies, they will defend even a dog who scratches the owner’s baby. Shamelessly, they and others alike feel that it is their turn to fleece off a bite of his pudding. So, they campaign aloud against further scrutiny of Emefiele’s actions in hopes that authorities would cave in and their pay master is left off the hook.

But it is important to recognize that the fight against corruption is often a complex and challenging endeavour. Of course, those who stand to lose from exposure will attempt to muddy the waters and sow doubt. However, the Nigerian people must not succumb to the distracting tactics employed by a man who inflicted unprecedented and unimaginable hardship upon them nor to the baits of his cohorts and lost sympathisers who have traded their principles for personal gain. Resilient citizens, desirous of the Nigeria of their dreams, must ensure that the country moves toward a future free from the shackles of corruption, thus must continue to press in demanding accountability, justice and transparency from leaders. The Emefiele saga, rather than being a mere tale of power struggles and manipulation, can also become a testament to the strength of a nation determined to hold its leaders accountable. The story can evolve into one where the citizens unitedly stood against attempts to derail justice and where the principles of fairness and integrity triumph over personal gain. Let the lessons of this saga inspire generations to come to be steadfast in their pursuit of a just and equitable society, where no one is above the law and the well-being of the nation takes precedence over individual interests.

Ohaegbulam, a Public Affairs Commentator, wrote from Abuja

The South-South Youth Solidarity Group has applauded President Bola Ahmed Tinubu for including the former Zamfara State Governor, Bello Muhammad Matawalle in the second ministerial nomination list, describing it as the wisest choice.

The Solidarity Group which said it was initially alarmed when the Matawalle’s name was missing from the first list, said however, that they are now reassured of the President’s commitment to inclusive governance.

A statement by the Group’s Secretary General, Ekanem Cyrus said Matawalle’s nomination has proved that the quality of Tinubu’s appointees in terms of competence, capability and fitness for purpose would enable Nigerians to know the actual quality of his own mind.

“We’ll like to congratulate former Zamfara State Governor, Bello Muhammad Matawalle his nomination for ministerial appointment by President Bola Ahmed Tinubu.

“This is a well-deserved honour for the youth of Nigeria in recognition of Matawalle’s many contributions to the Youth as a Governor, public servant, mentor and exemplary statesman.

“In his role as a Governor, guardian and mentor, Matawalle has shown generations of Nigeria the value and results of hard work and determination, all while maintaining a great sense of humour and compassion.

“To this day, Matawalle remains a strong advocate for the youth and continues to help all youths understand the complex history and challenges of northern traditions and values,” Cyrus said.