They said the federal government’s action was a manifestation of “impunity culture”
New Telegraph reports that the FG filed a two-count charge bordering on illegal processions of firearm and ammunition against suspended the former CBN boss, Emefiele before the Federal High Court in Lagos.
The federal government in the charge sheet, accused Emefiele of possessing a single-barrel shotgun (JOJEFF MAGNUM 8371) without a licence.
The government maintained that the offences are 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 yet to be assigned to a judge.
It would be recalled that Emefiele has been in the DSS’ custody since June 10 for “investigative reasons”.
The spokesman of the DSS, Dr Peter Afunanya, had on Thursday disclosed in a statement that the agency had charged Emefiele to court following an Abuja High Court ruling.
Reacting to government action, Financial Analyst and Executive Officer of Dairy Hills Limited, Kelvin Emmanuel thumbed down the government for manifesting an impunity culture.
He said the manner law enforcement and security agencies deploy instrumentality of the state to administer cases in which there are allegations of breaking the law is worrisome.
“Regardless of the alleged offences of the suspended CBN Governor, Section 35 says ‘’Any person who is arrested or detained shall be informed within twenty-four hours of the facts and grounds for such arrest or detention’’.
Section 36 also says ‘’A person shall be entitled to a fair hearing within a reasonable time by the court or other tribunal established by law and constituted in such manner as to secure its independence and impartiality’’.
He said it is unconstitutional that the suspended Governor of the Central Bank has been kept in detention for nearly a month against the provisions of the fundamental rights act as stipulated in the 1999 constitution,
“The rule of law is one of the most important metrics foreign investors use as a tool to measure the ease of doing business and grounds for which to deploy capital into a country.
“The Government needs to understand that every single thing it does is a signal to international investors on how issues on ‘’fair hearing’’, ‘’fundamental human rights’’, ‘’equality before the law’’ and ‘’independence of the judiciary’’ is situated”.
“It is pertinent to ascertain who is empowered under the extant laws to issue licenses for firearms. The authorized agency to issue approval for gun licenses should be in the position to sanction those who have not been issued licenses.
“But come to think of it, do you think that Emefiele would not have been issued a license? There is more to this. Connect the dots. The currency issue before the election.
“Also, look at the EFCC Chairman. So this is a serious challenge to the rule of law. In saner climes, before arraignment, the agencies would have concluded their investigation. But here the Agency arrested and went shopping for evidence.
“Initially, it was a terrorism charge, but now illegal possession of firearms. Even though Emefiele may have breached extant laws, let him have his day in court. That is the essence of the rule of law.
Human Rights Activist Barrister Jones Akpan in his reaction queried: ” Very well. The DSS cannot be seen to be prevaricating and blowing hot and cold.
“Are they just waking up to the realization that Emefiele is in possession of firearms just only when the Courts have ordered his release or he be charged in Court? Is it within their statutory powers to charge for illegal possession of a firearm”?
He said only the agency statutorily empowered by law has the right of sanctioning.
“That is supposed to be within the jurisdiction of the police because it does not necessarily affect the internal security of the country, which is what the DSS is statutorily empowered by the National Security Agencies Act to do”
“So, if it this is what led to the detention of Emefiele, then it only gave credence to the position some of us took ab-initio that this case is political and that is why Emefiele may have committed some infractions, the intention of the government is not necessarily to punish him for that infractions but to prosecute him and to punish him for standing against the candidacy of Tinubu and APC.
“That is what this looks to be about. If the charge is not about getting back at him for being against Tinubu, why would you keep him for one month to arrest him for illegal possession of firearms?
“You have found the firearms and if the person does not have a license, then such an offence should have been charged within 24 hours”.
“This is what we have been saying about this agency: that it is now a political tool in the hand of occupants of Aso Rock and it makes nonsense of the entire case.
“We have said that you cannot prosecute Emefiele for the naira redesign policy which Tinubu was vehemently against because it is a policy of government approved by the government and so whether that policy is successfully implemented or not is not a crime.
“I think the time has come for Nigerians to be told what is actually the mandate of the DSS. Illegal possession of firearms is a matter that the police should handle and not DSS”, Inibehe said.
