Some senior lawyers have written to the Attorney General and Minister of Justice, Abubakar Malami to ensure that the rule of.law was given its due attention by restraining the Department of State Service (DSS) from arresting the Central Bank of Nigeria (CBN) governor, Godwin Emefiele.
In the letter dated 6th January, 2023 which was signed by all the lawyers and made available to journalists stated that there were moves to proceed and sidetrack Court order restraining the DSS from arresting the Central Bank governor, insisting that the moves would be against his fundamental rights.
The lawyers who are all Senior Advocate of Nigeria (SAN) that wrote the letter are: Aderokunbo Kayode, former Attorney General and Minister of
Justice,. Oba Maduabuchi, Emeka Ozoani, M.M Nurudeen, Abdul Mohammed, and Dr. Emeka Obegolu.
In the letter titled: “Emefiele: Let the rule of law prevail’, emphasised that the disobedience to Court order by the DSS would be a very bad example.
They urged “the Attorney General of the Federation to use his good offices to guarantee and ensure that the Government, especially the
security agencies, observe the Rule of Law as a foundation of a
democratic society by complying with court decisions.”
The letter read in part, “We are pleased to present our respect and best
wishes to you. We are certain that you have followed with keen interest
the events of the last few weeks which climaxed with the dismissal by
the Chief Judge of the Federal High Court of the Application of the DSS
to arrest and detain the Governor of the Central Bank of Nigeria, Mr.
Godwin Emefiele under the Terrorism Finance Laws, etc., pursuant to
unsubstantiated allegations of terrorism financing and other economic crimes with national security implications.
“We also note the judgment of
the High Court of the FCT, coram Hassan J., which in the main, pronounced on and validated the fundamental rights of Mr. Godwin Emefiele.
“In spite of these two categorical judicial decisions, we observe moves to still proceed and sidetrack and disobey the court decisions and unduly and unlawtully Interfere with Mr. Emefiele’s
fundamental! rights.
“The court, as the last hope of the citizen, has made a pronouncement on
the legal rights and obligations of citizen Godwin Emefiele, it behoves
on all agencies of government to obey the order of the court, until such
order Is set aside by an appellate court.
”The constitutional role of the judiciary as the third arm of government includes to serve as a bulwark against oppression and intimidation.
“The judiciary remains available to both the government and the citizens, in the ventilation of perceived grievances.
“Consequently, we respectfully urge the Hon. Attorney General, as Chief Law Officer of the Federation, to ensure adherence to the Rule of Law and advise the security agencies, especially the Department of State Security (DSS) to
comply with the order of the court and not do anything that will cast
this government in a very negative light in this circumstance.
“This is very important as it will signal to Nigerians and the International
Community that the government is committed to the rule of law as we
proceed into this transition era.
“Please find attached the judgment
C.T.C of the Judgement and Enrolled Court Order in the above case.
“We trust that you will be guided by the judgment and the Constitution of
the Federal Republic of Nigeria.”
