The sacking and arrest of the Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, by President Bola Tinubu’s administration has sparked outrage among lawyers, who have expressed their displeasure just hours after the controversial move by the incumbent government.
WITHIN NIGERIA previously reported that President Tinubu had suspended Emefiele and directed him to immediately hand over his office’s affairs to the Deputy Governor (Operations Directorate), Folashodun Adebisi Shonubi, as acting CBN Governor.
The Federal Government stated that Emefiele is being investigated as part of its planned reformation of the economy’s financial sector.
However, reactions have trailed the development, with some legal practitioners claiming Tinubu’s action against Emefiele violated the Central Bank of Nigeria (CBN) Act.
However, another group of lawyers, the Section of Public Interest and Development (SPIDEL) of the Nigerian Bar Association (NBA), according to Daily Sun, backed Emefiele’s suspension as CBN governor and urged the federal government to thoroughly investigate his regime for his alleged role in the mismanagement of the economy.
Tinubu Breached Extant Laws By Sacking Emefiele
Speaking on the latest development of national interest, Chief Goddy Uwazurike, President General of Cultural Credibility Development Initiative and former President of Aka Ikenga, also a lawyer, said President Tinubu’s action violated existing laws and the CBN Act.
He recalled how, during Goodluck Ebele Jonathan’s administration, the Federal High Court established this fact in its decision in Sanusi Lamido Sanusi vs. the Federal Government of Nigeria.
He also stated that the Federal High Court had also rejected a motion ex-parte by the Department of State Service (DSS) to arrest and detain Emefiele.
The appointment of the CBN Governor is a statutory one. He can only be removed by the Senate resolution. Remember the Sanusi vs FGN case at the Federal High Court (FHC). The motion ex parte by the Department of State Services (DSS) to arrest and detain Emefiele was rejected by the FHC,” Uwazurike said further: “Reverberation in the international financial system will be expected. President Tinubu ignored the Board of the CBN in the suspension and did not justify his actions by referring to the CBN Act. The person who is the acting Governor ought to have retired having crossed the age of 60.
Did Emefiele behave wisely in remaining in office after PMB left office? Certainly not! The great Zik said it is only a tree that stays put even as it is being cut down.
This Is Not Good For Democracy
In response to the CBN Governor’s troubles, a group of lawyers known as United Lawyers for Rule of Law Defence criticized President Tinubu’s order for Emefiele’s arrest.
The lawyers condemned the midnight raid on Emefiele’s Lagos home and his forcible arrest by men from the Department of State Services (DSS), calling it undemocratic.
The legal practitioners lamented in a statement made available to newsmen in Abuja on Saturday that arresting Emefiele despite a court order barring his arrest is bad for democracy.
As a result, the statement signed by Hon. Obe Albert urged all supporters of democracy to press the DSS to release Emefiele out of respect for the court and the rule of law.
The lawyers also said Emefiele’s arrest had put a question mark on the rule of law mantra of President Tinubu.
The statement read thus:
A High Court of the Federal Capital Territory, in December 2022, barred the Department of State Services and the Inspector General of Police from arresting and detaining the Governor of Central Bank of Nigeria, Godwin Emefiele, over allegations of terrorism and sundry offences against him.
Also restrained by the court order are the Attorney General of the Federation, the Economic and Financial Crimes Commission and the Central Bank of Nigeria, who were listed as the first, second and fifth defendants.
Justice MA Hassan made the order while delivering judgment in a suit marked GAR/CV/41/2022, filed by the Incorporated Trustees of the Forum for Accountability and Good Leadership.
In the suit filed on December 19, 2022, the applicant, among other reliefs, prayed the court for a declaration that the continuous harassments, intimidation, threats, restriction of free movement, abuse of the right of office, surreptitious moves to arrest, and humiliation of Emefiele, by the respondents, are vindictive.
We urge President Bola Tinubu to immediately call the DSS to order based on this subsisting court judgement.
We believe strongly that Dr Emefiele’s arrest has put a question mark on the rule of law mantra of the President.
It is too early in the day for this administration to begin to disobey court orders. We, therefore, call for Emefiele’s immediate release.