…As Labour Party flays FG, says suspension vindictive, in bad taste

• Ex-CBN governor in our custody – DSS

Strong reactions and condemnation by lawyers have continued to trail the removal of the erstwhile Governor of the Central Bank of Nigeria, Mr. Godwin Emefiele, from office by President Bola Tinubu, whose action, they stated, breached the Central Bank of Nigeria (CBN) Act.

However, another group of lawyers, Section of Public Interest and Development (SPIDEL) of the Nigerian Bar Association (NBA), applauded the suspension of Emefiele and urged that his regime be thoroughly investigated for his alleged role in the mismanagement of the economy.

This is even as the Labour Party flayed the government, describing the suspension of Emefiele as “vindictive, unconstitutional and not in good taste”, stressing that INEC should rather be investigated instead of the CBN.

President Tinubu on Friday suspended Mr Emefiele from office with immediate effect. A terse statement by the Director, Information Office of the Secretary to the Government of the Federation, Willie Bassey, stated that the suspension is sequel to the ongoing investigation of Emefiele’s office and the planned reforms in the financial sector of the economy.

Emefiele was also directed to hand over the affairs of his office to the Deputy Governor (Operations Directorate), who would act as the Central Bank Governor pending the conclusion of investigation and the reforms.

Reacting to the development, President General of Cultural Credibility Development Initiative and former President of Aka Ikenga, Chief Goddy Uwazurike, a lawyer, said Tinubu breached the extant laws and the CBN Act in his action.

He said the Federal High Court had established this fact in its judgement in Sanusi Lamido Sanusi vs 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.”

Similarly, a consortium of lawyer under the aegis of United Lawyers for Rule of Law Defence condemned the midnight invasion of the Lagos residence of Emefiele, and his forceful arrest by men of the Department of State Services (DSS), describing the development as undemocratic.

In a statement issued in Abuja yesterday, the lawyers lamented that arresting Emefiele in the face of a subsisting court order barring his arrest is not good for democracy. The statement signed by Hon. Obe Albert therefore, urged all lovers of democracy to prevail on the DSS to release Emefiele out of respect for the court and the rule of law.

The lawyers also said Emefiele’s arrest has put a question mark on the rule of law mantra of President Bola Tinubu.

The statement read in part, “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.”

Brimming with vitriol, the Labour Party (LP) kicked against Emefiele’s suspension, and described President Tinubu’s action as vindictive, unconstitutional and not in good taste.

In a statement issued by its Acting Publicity Secretary, Obiora Ifoh, at the weekend, the Labour Party said: “The leadership of the Labour Party is disturbed by the decision of President Bola Ahmed Tinubu to suspend/sack the Governor of the Central Bank, Godwin Emefiele, albeit unconstitutionally without seeking the permission of the National Assembly and we insist that the action was not in good taste and sounds punitive.

    “Drawing inspiration from what Femi Gbajabiamila, then Minority Leader, had said years ago over a similar situation when President Goodluck Jonathan sacked former CBN Governor, Sanusi Lamido Sanusi, wherein he questioned the powers of the President in sacking the CBN Governor. The then opposition leader made it clear that the President lacked powers under the laws of the land to sack the CBN boss. One wonders what has changed between that time and now.

    “Femi Gbajabiamila is the current Speaker of the House of Representatives and also holds the enviable portfolio as the Chief of Staff to President Tinubu. He had then argued that the law requires the President to seek the approval of two third of the Senate to be able to sack the CBN Governor. Reasons being essentially to enforce the doctrine of Checks and Balances and to avoid the abuse of powers of a capricious and arbitrary President, while at the same time guaranteeing the autonomy of the CBN. But under Gbajabiamila’s watch, Emefiele was fired in a most unconstitutional and vindictive manner.”

    LP said it was only in Nigeria that people were found to approbate and reprobate at the same time, saying one thing from one side of their mouth and another from the other side, especially when it favours them politically and otherwise.

    “That explains why the country is in shambles: no rule of law, no equity, no justice, and no fair play. People don’t follow standard rules and procedures. That is why every aspect of our live, be it our economic, political and social live, is challenged.

    “Gbajabiamila because he was in the opposition at that time, he saw everything wrong with President Jonathan sacking Sanusi, today he is on the other side of the divide, he doesn’t see anything wrong with it. This is what Nigerians will face in the APC government, where perceived enemies are dealt with; perceived opposition parties and their members are dealt with, even when they are protected by the law.

    “Most Nigerians will not forget in a hurry the famous Naira redesign policy initiated by Emefiele primarily to check vote buying in the last general election. A noble policy, which a particular candidate then unfortunately believed was targeted at him. To him, it was a mortal sin, which cannot be forgiven and must be punished. Labour Party believes that Emefiele, a fall guy, is paying for his “sin”.

    “The government said the suspension of Emefiele is “sequel to the ongoing investigation of his office and the planned reforms in the financial sector of the economy.” It is laughable to read that statement as most Nigerians are already aware of the intention of the government. If indeed, there is any government agency that should be investigated with this utmost urgency, should it not be the Independent National Electoral Commission, INEC and its Chairman, Prof. Mahmood Yakubu? This is the institution that is responsible for the mockery of our democracy. This is an institution, which asked and received N355bilion in tax payers money to conduct, the worst ever election in the history of Nigeria and in Sub Saharan Africa. This is election umpire that has shamelessly chosen to be partisan during and after election, even at the tribunal,” the stated.

    “Nigerians will not tolerate political and peripheral investigation. We suggest a forensic auditing by an independent firm and by so doing, maybe the real culprits, not just Emefiele will be unearthed” LP added.

But in its reaction, the Section of Public Interest and Development (SPIDEL) of the Nigerian Bar Association (NBA) applauded the suspension of the former apex bank governor.

The group’s chairman, Monday Ubani, commended President Tinubu for his decision to suspend Emefiele.

NBA-SPIDEL Chair, Ubani gave the commendation yesterday while addressing journalists on the forthcoming annual conference of the group that will hold in Lagos between 20the and 23rd,June 2023.

Giving details on this year’s NBA-SPIDEL conference with the theme:

‘Post-Election Nigeria: The Judiciary in the eye of the storm’, Ubani disclosed that rights activist, Mr. Femi Falana (SAN), will be the keynote Speaker for conference while former NBA President, Dr. Olisa Agbakoba, will preside at the opening session.

Justice Amina Augie of the Supreme Court will feature as a guest speaker during the opening ceremony. Also expected at the opening ceremony are the Chief Justice of Nigeria, Justice Olukayode Ariwoola; Lagos State Governor, Mr. Babajide Sanwo-Olu and his Abia State counterpart, Dr. Alex Otti, Senators and House of Representatives members.

The group also called on President Tinubu to look into the alleged scam of “Air Nigeria” which the immediate past Aviation Minister, Hadi Sirika allegedly perpetrated before his exit from office.

“The Tinubu administration is strongly advised to develop a zero tolerance policy towards corruption and mismanagement of public funds. The government must respect the rule of law and avoid executive lawlessness and impunity. These are acts that will bring his administration into collision course with the civil society and human rights community. If the government abides by the rule of law, respects human rights, ensures transparency and accountability as fundamental objectives of state policy, it should be rest assured of tremendous goodwill from majority of the citizens of Nigeria. President Bola Tinubu has a choice to make; may God guide him to make the right choice,” he said.

Meanwhile, the Department of State Services (DSS) has confirmed that the suspended former CBN is in its custody. DSS Public Relations Officer, Peter Afunaya, who made the disclosure in a statement on the DSS media platform, explained that Emefiele was undergoing investigation.