Emefiele’s Arrest: Magistrate Court Cannot Overrule High Court, DSS is Forum Shopping, Says Maxwell Opara

Lawyer and Human Right Activist, Maxwell Opara has come out to address the claims of the Department of State Security (DSS) that their retention of former Governor of the Central Bank of Nigeria, Godwin Emefiele, is justified by the court.

On the 25^th of July, Emefiele was charged in court and granted bail of N20 Million, which he met with certain criteria. He was then charged to be detained in a correctional centre until the criteria were met. But at the end of the proceeding dispute broke out between the DSSS and the Nigerian Police as the state service made a rearrest of the former CBN governor.

Peter N. Afunaya, Public Relations Officer of the DSS wrote a letter titled, “DSS And Accusation Of Disobedience to Court Orders: Setting The Record Straight” explained that DSS was very much adhering orders given by the court over cases like Emefiele.

In an ARISE NEWS interview, Maxwell Opara stated that the DSS’ case was initially based on the accusation and investigation of Emefiele for suspicions of terrorism financing and money laundering before charging  him to court for illegal possession of firearms. He made it clear that this first brought suspicions before he was arraigned at the court had dismissed the initial accusation but the court still went ahead to charge Emefiele based on the new charges.

“I was in court. JB daudu put a call through to the NBA president to tell him what’s going on. I personally called Tony Ojukwu of the National Human rights commission. ‘Look at what was going on.’

We addressed the Press. JB Daudu notified the court and the court called the leader of DSSS to find out, Is it true that you want to arrest Emefiele here? He said yes and the court said, ‘No, the court is now in charge. You cannot arrest him without any order, there is a subsisting order. So if you have my other issue, go and file it and bring it to court. ‘

“The man, there in the court said no sir, we aren’t going to obey your court. We must take orders from above. That was when the show of shame started.

“Now the question there is that at that particular time you arrested Emefiele, there was a subsisting court order even as I speak to you that particular order has not been set aside. The only court that can set aside that order is the court of appeal, not magistrate court or the court that issued the order can overrule itself. And set aside its own order if you meet up with the criteria. But he never did that and rearrested Emefiele. The following day they came to FCT high court to get an order to legalise that their illegality. The judge pretended as if he wasn’t aware of what happened at the federal high court. He asked them to address them with  respect to ADJA, Administration of Criminal Justice Act.”

“On expected them to take a date to address the court on that because the Federal High court has the power to give them that order. Luckily, Ememka Obigolo, SAN who was one of the one of the senior council representing Emefiele was in court that day and informed the court.

According to Barrister Maxwell, the appeal was denied, calling the act ‘forum shopping’.”We have ordered that the magistrate court that issued the order should be sanctioned. The lawyer that indulged in this forum shopping which actions contravenes the provisions of the legal practitioners act should be sent to the legal practitioners disciplinary committee for discipline.”

In addition, he stated, “As we stand now, that particular order by the federal high court is still subsisting. Now they approached the federal high court yesterday asking the court to give them leave to appeal against that particular order. In other words. So that order still persists and there is no order for stay, why are you still keeping Emefiele?”

A group of lawyers and human right activists led by Maxwell Opara have called for the detention of the Director General of the DSS for contempt of the court.

“We’ve seen how our president is handling what’s happening in Niger. One of the criteria of democracy isn’t through ballot, it’s not even when we enter into power. When you fail to obey the rule of law, it is the worst of it.”

‘I expected ECOWAS in their meeting to discuss what gave way to that. In a government that cannot obey court order, we are in Anarchy.”

Glamour Adah

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