Mr. Godwin Emefiele, the detained Governor of the Central Bank of Nigeria whose economic policy, built on two planks of cashless and naira redesign is not likely to regain his freedom soon as the federal government through its agency, the Department of State Security (DSS) has filed two charges of illegal possession of firearms and arms against him at the federal High Court in Lagos.

Though those charges appear innocuous and unrelated to the much anticipated crime of economic dimensions and corruption; as they bear not too severe punishment under the statute, they are, however capable of keeping him out of circulation for a long time under the guise of investigating him for gun-running activities. It would be recalled that a former National Security Adviser under President Goodluck Jonathan, Sambo Dasuki, was held for years under similar charges by the DSS.

Prosecutors often use weapons enhancements in federal criminal cases as leverage to obtain plea bargains and cooperation from criminal defendants, they are often simple and easy to prove. In 2021, the Senate passed a bill which provides for 3 years jail term or N3 million naira fine or both, as penalties for anyone caught illegally possessing or dealing in firearms in Nigeria.

Titled: Firearms Act (Amendment) Bill, 2021, the piece of legislation amends Section 35 (2) of the Principal Act which previously provided a fine of just N1000 naira as penalty. The amendment to Section 35(2), which is captured in Clause 4 of the bill, provides for stiffer penalties for the illegal possession of firearms and ammunitions by any individual, organization or corporate entity.

Before now, Mr. Godwin Emefiele, whose twin economic policy of cashless and Naira redesign as Governor of the Central Bank of Nigeria triggered a lot of hardship, pain and even death and attracted condemnation from Nigerians, was being expected to undergo trial under the Economic and Financial Commission (EFCC). His policies were adjudged as anti people and a politically perceived as instruments against Senator Bola Ahmed Tinubu, the presidential candidate of the All Progressives Congress (APC) – the ruling party.

While sitting as CBN governor, the Department of State Services (DSS) had slammed some capital offence allegations against Mr. Godwin Emefiele and made attempts to arrest him for terrorism financing, fraudulent practices, money laundering and threat to national security . The DSS late in 2022 attempted to arrest him, they couldn’t because he was firmly under the umbrella of the then President and Commander-in-Chief , General Muhammadu Buhari.

Conscious of the toxic relationship between him and the in coming President, Senator Tinubu, Mr Emefiele sought and got presidential approval to go on study leave abroad, but he couldn’t travel because a travel ban had been placed on him.
The new President, however, did not betray any hostility immediately he assumed office. Indeed, Mr Emefiele was one of the few top government functionaries that visited Also Rocks, Presidential villa when President Tinubu assumed office.

But like a bolt from the blue, the President suspended him from office and directed that the nation’s number one banker should be investigated. On June 10, this year, Mr. Emefiele was arrested in Lagos and flown to Abuja by the DSS.

Under the Nigerian law, a suspect should not be detained for more than 48 hours before he or she is charged to court. When the embattled suspended CBN Governor discovered that he was fast becoming a permanent guest of the DSS, an agency that is not keen in taking him to court, he approached the court to get his freedom.

On Thursday, a Federal Capital Territory (FCT) High Court presided over by Justice Hamza Muazu issued a one week ultimatum to the Department of State Service (DSS) to either charge the detained suspended Governor of the Central Bank of Nigeria ( CBN ) ,Mr. Emefiele, to Court or set him free.

The Judge gave the order while delivering ruling in a fundamental human rights suit instituted against the Department of State Services (DSS ) and others by Mr. Emefiele. Justice Muazu held that the DSS has power to carry out it’s Constitutional duties of making arrest, detain and ensuring prevention of internal crime but, however, said that such duties must be carried out within the ambit of the law.

He said that the arrest power of DSS was not at large as the law stipulated conditions under which a Nigerian citizen must be held and for how long. Twenty – four hours later, the Federal Government on Friday filed a two-count charge of illegal possession of firearms and ammunition against the suspended CBN governor before the Federal High Court in Lagos.

According to reports, the FG accused Mr. Emefiele of possessing a single-barrel shotgun (JOJEFF MAGNUM 8371) without a licence. The government said the offence is 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 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 case is, however, yet to be assigned to a judge, but there are indications that this will be done next week.

DSS Says Emefiele’s Detention is for “Investigative Reasons”.

Dr. Afunanya, in a statement on Thursday, disclosed that the agency had charged Emefiele to court following an Abuja High Court ruling. Specifically, the charges are:

Count one of the charges reads; That you, Godwin Emefiele, Male, of No. 8 Colorado Street Maitama Abuja, on or about the 15th of June 2023, at No. 3b Iru Close, Ikoyi, Eti Osa Local Government, Lagos State, within the jurisdiction of this Honourable Court, had in your possession one (1) Single Barrel shotgun (JOJEFF MAGNUM 8371) without a licence. You thereby committed 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.

Count two: That you, Godwin Emefiele, Male, of No. 8 Colorado Street Maitama Abuja, on or about June 15, 2023, at No. 3b Iru Close, Ikoyi, Eti Osa Local Government, Lagos State, within the jurisdiction of this Honourable Court, had in your possession One Hundred and Twenty-Three (123) Rounds of live ammunition (Cartridges) without a licence You thereby committed an offence 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.

Court Voids His Arrest and Detention

Meanwhile, another Federal High Court in Abuja voided the arrest and detention of Emefiele by the DSS on Friday. Delivering judgement, Justice Bello Kawu held that the arrest, detention, and interrogation of Mr. Emefiele are in violation of the subsisting judgement and orders of Justice M. A. Hassan.

Mr Emefiele, through his Counsel, Peter Abang, had asked the court to set aside and nullify the arrest and detention of the Applicant for being illegal and a nullity in view of the subsisting judgment by another court delivered on 29th December 2022.

Justice Kawu also made an order setting aside any warrant of arrest obtained or procured by the Respondents, especially the DSS for the arrest of Emefiele in connection with the allegations of terrorism financing, fraudulent practices, money laundering, threat to national security before any court.

The court further granted an injunction restraining the respondents, particularly the DSS from arresting, detaining, or interfering with Mr. Emefiele’s personal liberty and freedom of movement.

The court also granted an order of injunction directing and mandating the Respondents, particularly the DSS to forthwith release Mr. Emefiele from any arrest or detention.

Source close to both the Presidential villa and the DSS hinted that the illegal possession of firearm might just be a ploy to buy time as investigation into his days as the apex bank’s governor was almost done adding that Mr. Emefiele may face some multiple charges except a political solution is brought into his case.

It is believed that some political solutions may be sourced in order to recover monies that may have been acquired through corrupt means from him as going the whole hog with him could likely implicate some key members of the past administration, a situation the government may want to avoid, but nevertheless wants to recover any looted money.