The Human and Constitutional Rights Committee of the African Bar Association has called for prevalence of rule of law in the case involving the Department of State Security (DSS) of Nigeria and Godwin Emefiele, the governor of the Central Bank of Nigeria (CBN).
This is coming after the DSS filed a suit at the Federal High Court Abuja accusing Emefiele of Terrorism financing but the High Court has since restrained the DSS, from arresting the CBN Governor.
The court had described actions against
Emefiele as vindictive, unwarranted, abrasive, oppressive and same constitute a flagrant breach of his rights to personal liberty, dignity of human person, right to policy making powers, freedom of thought, conscience and religion and movement as respectively provided and enshrined under the Constitution of Nigeria.
Speaking at a press conference in Lagos recently, Sonnie Ekwowusi, chairman, Human & Constitutional Rights Committee of the African Bar Association, advised that in this case, the matter is sub-judice and parties to the controversy must respect the appropriate court orders and stop any act that will create an impression that there is more to this than the DSS carrying out her legitimate duties.
He explained that “the far-reaching implication of the violation of due process of law and human rights which is universal, the implications on a democratic Nigeria and the upcoming general elections have made it imperative that it urge that the rule of law and due process must be respected and allowed to prevail as recourse to self help or abuse of State power is a recipe for chaos and anarchy.”
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Ekwowusi explained that under Nigerian Law, the DSS has power to invite, question and detain any person who it considers has breached State Security or is a threat to Nigeria’s Security, adding that the CBN is not above the Law.
He however, noted that the DSS opted to ask the Federal High Court in Nigeria to hand her the authority to arrest the CBN Governor which the Court rejected on the grounds that there was insufficient information amongst other, that ought to put the DSS on it toes that it needed to do more homework or walk the road on her own.
“We are similarly aware that a Civil Society Organisation following the steps of the DSS, approached the High Court of the Federal Capital Territory in Nigeria, which ordered that the CBN Governor should not be arrested, questioned or detained until the matter in Court is heard and determined.
“Our Committee believes that all these represents the rule of Law at work and must be followed with logical conclusion,” Ekwowusi added.
