News
Court Stops DSS, Police From Detaining Emefiele
A High Court of the Federal Capital Territory (FCT) has stopped the Department of State Security Services (DSS) and the Inspector General of Police (IGP) from arresting and detaining the Governor of Central Bank of Nigeria (CBN), Godwin Emefiele, over the alleged trumped-up allegations of terrorism and sundry offences against him.
Others equally restrained by the court order are the Attorney General of the Federation (AGF), the Economic and Financial Crimes Commission (EFCC) and the Central Bank of Nigeria, who are listed as 1st, 2nd and 5th defendants.
Justice MA Hassan made the order while delivering judgement in a suit marked FCT/HC/CV/GAR/41/2022, filed by the Incorporated Trustees of Forum for Accountability and Good Leadership.
Before yesterday’s judgement, Justice Hassan had on December 19, granted an exparte application restraining the defendants from arresting and detaining the CBN governor.
The exparte application was moved by counsel to the applicant, Emeka Ozoani, SAN, wherein, Justice M.A. Hassan specifically ordered as follows: “The 2nd, 3rd and 4th defendants/respondents are hereby restrained in the interim whether by themselves, their officers, agents, servants, privies or acting through any person or persons howsoever from inviting, arresting and/or detaining the Governor of the Central Bank of Nigeria, Mr Godwin Emefiele with particular allegations of acts of terrorism financing, fraudulent activities, or any other manner howsoever that may interfere with his rights to freedom of movement, personal liberty, human dignity or in any way interfere with the performance and discharge of his official functions and duties as Governor of the Central Bank of Nigeria, pending the hearing and determination of the motion on notice.”
The court equally granted an order of substituted service on the 5th defendant/respondent (the CBN) by delivering the originating summons and other processes to the legal department of the bank, at its Headquarters in Abuja.
Meanwhile, the court has ordered an accelerated hearing in the matter and consequently abridged the time of both the respondents and the applicant.
In his judgement, the judge held that the continued harassment of Emefiele on the basis of the allegations by the DSS is illegal and constitutes a breach of his fundamental rights as provided for in the 1999 Constitution and African Charter on Human and Peoples’ Rights.
The DSS had in an exparte application marked: FHC/ABJ/CS/2255/2022, sought an order to arrest the CBN governor over alleged acts of financing terrorism, fraudulent activities and economic crimes of national security dimension.
But the Chief Judge of the Federal High Court, Justice John Tsoho, in a ruling delivered on December 9, rejected the application on the grounds that the DSS failed to provide sufficient evidence to warrant the issuance of an arrest warrant against Emefiele.
The judge said the depositions in the affidavit filed by the SSS in support of its application “purport that preliminary investigation has revealed various acts of terrorism financing, fraudulent activities perpetrated by the respondent and his involvement in economic crimes of national security dimension.”
In addition, Justice Tsoho said: “These are no doubt grave allegations, but which the applicant has not presented any concrete evidence to support.”
Justice Hassan said the DSS cannot continue to harass or arrest Emefiele over any trumped-up allegations unless an order of a superior court is first obtained.
Justice Hassan held that Exhibit A, submitted by the 4th respondent (DSS), which was the Affidavit also submitted to the Chief Judge of the Federal High Court, Justice JohnTsoho, did not substantiate or provide any material fact of terrorism and that the 4th respondent’s acts are obvious attempts to interfere with the rights of Godwin Emefiele
The court agreed with the EFCC (5th Respondent) position that there is a process for the removal of the governor, thus the continued harassment and interference by the 4th Respondent particularly is embarrassing in the light of statutory provisions
In its counter affidavit, the EFCC stated that it has no case against Emefiele as he is not under investigation by the commission.
Consequently, the anti-graft agency asked the court to discharge it from the matter on the ground that it is not a necessary party.
Court held that all other respondents except the 4th DSS are nominal parties as no case was really made against them.
Justice Hassan stated that Applicant had shown sufficient locus standi to initiate this suit in line with Fundamental Human Rights Rules.
Court held that it will not award damages as the suit was not taken out by Godwin Emefiele himself.
The Rivers State Chief judge, Justice Simeon Chibuzor Amadi has granted pardon to six inmates standing awaiting trial at the Port Harcourt maximum correctional center.
The six lucky inmates granted pardon on Tuesday by the state Chief Judge included Nwekeala Chizoba, Samuel Emmanuel, Aniete Kelvin, Ebube Fubara and Goddey Okpara who were on awaiting trial as murder suspects and have all spent between 10 years to seven years in the custody without a proper information filed against them in the court.
Justice Amadi during a special gaol delivery exercise last Tuesday at the Port Harcourt Maximum Correctional Centre opined that the special gaol delivery was part of activities lined up to commomerate the 2024/2025 legal year in the State and restated the commitment of the state judiciary in decongesting the correctional centre and ensuring that those inmates who are not supposed to be there are removed from the custody.
The state chief judge stressed the need for all stakeholders to work together to build a society that supports rehabilitation and gives a second chance to anyone or group of people who have fallen short of the expectation of the law and have been punished accordingly.
He stressed that the National Judicial Council(NJC) encourages judges to pay more attention to criminal matters to enable them to decongests the correctional facilities, noting that since his assumption into office, his administration has been able to reduce the number of inmates in Nigerian Correctional Centres and the Port Harcourt Correctional Centre in particular, to less than 2,000 as against the over 4,000 inmates previously in the faculty.
According to him, “as they release the deserving inmates, they affirm their commitment to justice, compassion and rule of law but that they must not forget the fundamental principles of justice delivery system which is truth and fairness, integrity and equality before the law.”
I encourage you all the released inmates to return to your families and become better citizens. You must not engage in action that will return you all back to prison. Let me say that while the judges show empathy to you all, it does not absolved individuals from being held accountable for actions against individuals, corporate organisations and state which the law frowns at, ”he stated
The Chief Judge thereafter stood down the exercise to enable the DPP to intervene to case files following the fact that majority of the persons listed to benefit from the exercise are facing murder charges and adjourned to a date that will come before December.
Earlier in his goodwill message, the outgoing state Comptroller of Nigerian Correctional Centre, Port Harcourt, Felix Lawrence, who was recently promoted to the rank of Assistant Controller General, commended the state judiciary led by Chief Judge, Justice Simeon Chibuzor Amadi for their continuous effort aimed at ensuring justice and decongesting the facilities.
Other activities lined up for the event included special church service at St Paul’s Cathedral , Anglican Communion, Rebisi Port Harcourt, inspection of guard of honour by the state Chief Judge mounted by officers of the Nigerian police and a special court session held at the ceremonial court hall.
By: AkujobiAmadi
The Director General of Rivers State Bureau on Public Procurement (RBoPP), Dr. Ine Briggs, has explained that the Sir Siminalayi Fubara administration plans to enforce transparency in governance through public procurement.
Speaking at a one-day Public Procurement Enlightenment workshop organised in collaboration with the State Local Government Service Commission for newly elected chairmen, vice chairmen, secretaries and leaders of legislative assemblies, Dr. Briggs said it is key for grassroot development.
She stated that the Sir. Fubara administration plans to reduce wastage and at same time infuse efficiency in public expenditure.
The RSoPP DG said the local government political office holders remain key drivers in the new vision hence the workshop is to arm them with knowledge on how to execute projects in tandem with needs of the people.
“ Your role in the prudent management of public resources is, therefore, not just administrative it’s the cornerstone of delivering the dividends of democracy. Every procurement decision you make must reflect a commitment to fairness, transparency and accountability” Dr. Briggs submitted.
One of the key goals of the administration she further reminded the participants was to use their offices to foster economic growth through public procurement.
She warned that the law establishing the agency empowers it to penalise defaulters, but that what is more important is voluntary compliance to the laws.
In addition to that, she said urged the local government council leaders that champion the practice and implementation of public procurement law.
On his part, Acting Chairman of Local Government Service Commission, Pastor GoodLife Ben Iduoku averred that the aim of the workshop is to arm key stakeholders in the local government system to generate new ideas, innovation and strategies in tandem with government policies and programmes.
The workshop dealt on various topics on procurement planning, methods, Understanding Bid Process, including types of Construction Contracts and law.
Some participants were awarded excellence and meritorious awards as part of the programme.
By: Kevin Nengia
The 19th anniversary of the National Association of Proprietors of Private Schools (NAPPS), Rivers State Chapter, recently ended in Port Harcourt in grand style, with participants from various schools including proprietors, the academia, civil society groups and top government functionaries charting the way forward for educational improvement.
The 19th NAPPS anniversary christened, ‘Innovation and Adaptation: Transforming Challenges Into Opportunities’ was held at Casoni Hotels, Port Harcourt.
In his remarks, the Chairman of the Rivers State Chapter of the association, Dr. Jaja Adafe Sunday expressed gratitude to the members and executives for their untiring efforts towards the achievements of the body.
He sought the intervention of government on the lingering crisis on the economy as it is affecting the running of schools.
He decried high cost of things including fuel and raw materials which has adversely affected the running of schools and payment of teachers.
Dr. Sunday hinted that the current economic situation in the nation is biting hard on the operations of schools, saying inflation, removal of fuel subsidy, fuel scarcity, poor electricity supply, tariffs and lack of government grants are some of the challenges faced by schools, and urged the members to brace up to the challenges, as it is the panacea to building a brighter future.
Guest speakers from the health sector and the academia thrilled the gathering on the essence of basic education which they said is the key to national development.
Former Dean of the Ignatius Ajuru University of Education, Professor Azuru and the Chief Medical Director of Meridian Hospitals, Dr. Odo Iyke were some notable guest speakers who delivered lectures at the occasion.
Some distinguished proprietors also got special recognitions and awards.
The 19th anniversary cake was cut by the Rivers State NAPPS Chairman with representatives of the state government assisting.