Connect with us

News

JUST IN: Court Rejects DSS’ Fresh Request To Detain Emefiele For Another 14 Days

Published

on

A High Court of the Federal Capital Territory sitting at Maitama, on Thursday, rejected a fresh application the Department of State Services, DSS, filed for an order to further detain the suspended Governor of the Central Bank of Nigeria, CBN, Mr. Godwin Emefiele, for another 14 days.

The court, in a ruling that was delivered by Justice Hamza Muazu, held that the application constituted an abuse of the judicial process, adding that the court had no jurisdiction to entertain it.

Specifically, the security agency, in the application marked: FCT/HC/M/12105/2023, told the court that it uncovered a fresh evidence that would require it to further retain the suspended governor of the apex bank in its custody.

Advertisement

It, therefore, prayed the court to allow it to hold Emefiele in custody for another 14 days, to give room for the conclusion of its ongoing investigation.

READ ALSO: Emefiele: Lawyers Berate DSS Over Assault On Judiciary, Prison Officials, Media

However, when the case was called up for hearing, Justice Muazu asked the counsel that represented the agency, Mr. Victor Ejelonu, to address him on whether the court has the requisite jurisdiction to grant the application, in view of provisions of Sections 293 and 296 of the Administration of Criminal Justice Act.

Advertisement

Justice Muazu noted that the said provisions vested exclusive rights of granting such application on the Magistrate Court.

Following the observation of the judge who maintained that the high court lacked the jurisdiction to grant the order, counsel to the DSS, Mr. Ejelonu, applied and withdrew it.

It will be recalled that operatives of the DSS had on June 10, stormed Emefiele’s Ikoyi residence in Lagos and arrested him.

Advertisement

The arrest came a day after Emefiele was suspended as the governor of the CBN by President Bola Tinubu.

READ ALSO: DSS Should Transfer Emefiele To EFCC – Falana

The embattled CBN boss remained in custody until Wednesday when he was arraigned before the Federal High Court in Lagos on a two-count charge of illegal possession of a firearm and ammunition.

Advertisement

Meanwhile, upon his arraignment and plea of innocence, the court granted Emefiele bail to the tune of N20million with one surety in the like sum.

Trial Justice Nicolas Oweibo ordered that the defendant should be remanded in prison custody, pending the perfection of his bail conditions.

Not willing to comply with the court order, the DSS re-arrested Emefiele in the court premises, in an operation that led its operatives to violently manhandle a senior prison official.

Advertisement

While reacting to the fresh request by the DSS for a detention order, Abuja based lawyer, Mr. Nnamdi Mba, argued that the security agency treated the court with disrespect.

He said: “You cannot be charging someone to court and yet you cannot obey the same court.

“What the DSS is doing is tantamount to intimidating the courts.”

Advertisement

READ ALSO: It’s Hypocrisy To Arrest Emefiele And Leave Buhari — Lawyers

Likewise, another lawyer, Mr. C. C Nwodu, added: “Ordinarily, when a person is brought to court and takes his plea, it is no longer the duty of the security agency that brought the defendant to court to determine where the person will be held in custody. It is the duty of the court.

“Hence, once a defendant is granted bail, except the judge specifically mentioned otherwise, the men of the Nigeria Correctional Service take custody of such person until the bail conditions are perfected.

Advertisement

“In the case of Emefiele, the DSS practically abducted him from the custody of the Correctional Service and have now filed for an order seeking to further detain him for 14 days, when they have held him consecutively for over six weeks and have exhausted the maximum two previous orders to detain him for 28 days.

“No judge, knowing the true facts of this matter can grant them such application. I am glad to hear that the judge courageously struck out the application,” he added.

Advertisement

News

Xenophobic Attacks: Oshiomhole Tells FG To Retaliate Against South African Companies In Nigeria

Published

on

Senator Adams Oshiomhole has called on the Federal Government to retaliate against South African businesses operating in Nigeria following the recent attacks on Nigerians in South Africa.

Speaking during plenary on Tuesday, Oshiomhole said the Federal Government should consider revoking the working license of South African owned companies such as MTN and DSTV.

He argued that Nigeria must respond firmly to what he described as persistent hostility against its citizens.

Advertisement

READ ALSO:South Africa To Investigate ‘Mystery’ Of Planeload Of Palestinians

“I am not going to shed tears. If you hit me, I hit you. I think it is appropriate in diplomacy. It is an economic struggle,” Oshiomhole said.

He argued that while some South Africans accuse Nigerians of taking their jobs, Nigerians should return home and take over employment opportunities created by major South African companies operating in the country, including MTN and DSTV.

Advertisement

When we hit back, the President of South Africa will not only talk but will also go on his knees to recognise that Nigeria cannot be intimidated.

READ ALSO:South African Ambassador Found Dead Outside Paris Hotel

We will not condone any life being lost. If a crime has been committed under the South African law they have the right to bring any such person to justice, but to kill our people as if we are helpless, we will not allow that,” Oshiomhole added.

Advertisement

DAILY POST reports that several Nigerians in South Africa have reportedly been attacked, and their businesses destroyed, in ongoing xenophobic attacks in the country.

Continue Reading

News

IGP Orders Officers Display Name Tag On Uniform, Gives Update On State Police

Published

on

The Inspector General of Police, IGP, Tunji Disu, has ordered all police personnel to always have their name tags on their uniforms for easy identification.

Disu disclosed that only police personnel who are undercover are exempted from displaying their name tags.

Speaking on Tuesday, Disu said: “All police officers should have their name tags. All of us on the high table have our names apart from the undercover among us so if you look at all the Commissioners of Police we have our name tags, so it’s not our standard.

Advertisement

READ ALSO:

All the Commissioners of Police are here and that is why we called this meeting, we have list of things like this that we will want to discuss with the Commissioners of Police, we have told them earlier and we will still let them know that every that happens within their area of jurisdiction falls under their control.”

On the issue of state police, the IGP said: “Since we got the signal that the Federal Government of Nigeria intend to establish State Police and since we are the federal police, we decided to take the bull by the horn and put down our own side of what we believe on how the state police should be run.

Advertisement

“A lot of things were taken into consideration, a lot of comparative analysis was done and it has been transmitted to the National Assembly.”

 

Advertisement
Continue Reading

News

Court Orders SERAP To Pay DSS Operatives N100m For Defamation

Published

on

The High Court of the Federal Capital Territory has ordered a non-governmental organization, the Socio-Economic Rights and Accountability Project, SERAP, to pay N100 million as damaged to two operatives of the Department of the State Services, DSS, for unjustly defaming them in some publications.

The court also ordered SERAP to tender public apologies to the defamed officers,
Sarah John and Gabriel Ogundele, in two national newspapers, two television stations and its website.

Besides, the organization was also ordered to pay the two operatives N1 million as cost of litigation and 10 percent post-judgment interest annually on the judgment sum until it’s fully liquidated.

Advertisement

Justice Yusuf Halilu of the High Court of the Federal Capital Territory gave the order on Tuesday while delivering judgment in a N5.5 billion defamation suit instituted against SERAP by the DSS operatives.

The judge found SERAP liable for unjustly defaming the two DSS operatives with allegations that they unlawfully invaded its Abuja office, harassed and intimidated its staff, in September 2024.

READ ALSO:How We Arrested Terror Suspect Who Threatened To Kill Students, Teachers In Abuja — DSS

Advertisement

In the offending publication on its website and Twitter handle, SERAP alleged that the two operatives unlawfully invaded and occupied its office with sinister motives.

The judge held that the publication was in bad taste especially from an organization established to promote transparency and accountability, as nothing in the publication was found to be truthful.

The DSS staff had listed SERAP as 1st defendant in the suit marked CV/4547/2024. SERAP’s Deputy Director, Kolawole Oluwadare, was listed as the 2nd defendant.

Advertisement

In the suit, the claimants – Sarah John and Gabriel Ogundele – accused the two defendants of making false claims that they invaded SERAP’s Abuja office on September 9, 2024..

Counsel to the DSS, Oluwagbemileke Samuel Kehinde, had while adopting his final address in the mater urged the judge to grant all the reliefs sought by his client in the interest of justice.

READ ALSO:DSS Arrests Suspected Gunrunner, Recovers 832 Rounds Of Ammunition

Advertisement

He admitted that although the names of the two claimants were not mentioned in the defamation materials, they had however established substantial circumstances that they are the ones referred to in the published defamation article by SERAP on its website.

The counsel submitted that all ingredients of defamation have been clearly established and the offending publication referred to the two officials of the secret police.

However, SERAP, through its counsel, Victoria Bassey from Tayo Oyetibo, SAN, law firm, asked the court to dismiss the suit on the ground that the two claimants did not establish that they were the ones referred to in the alleged defamation materials.

Advertisement

She said that SERAP used “DSS officials” in the alleged offending publication, adding that the two claimants must establish that they are the ones referred to before their case can succeed.

Similar arguments were canvassed by Oluwatosin Adefioye who stood for the second defendant, adding that there was no dispute in the September 9, 2024 operation of DSS in SERAP’s office.

READ ALSO:Alleged Cyberstalking: DSS Plays Video Evidence In Sowore’s Trial

Advertisement

He said that since SERAP in the publication did not name any particular person, the claimants must plead special circumstances that they were the ones referred to as the DSS officials.

Besides, he said that there is no organization by name Department of State Services in law, hence, DSS cannot claim being defamed adding that the only entity known to law is National Security Agency.

The claimants had in the suit stated that the alleged false claim by SERAP has negatively impacted on their reputation.

Advertisement

The DSS also stated, in the statement of claim, that, in line with the agency’s practice of engaging with officials of non-governmental organisations operating in the FCT to establish a relationship with their new leadership, it directed the two officials – John and Ogunleye – to visit SERAP’s office and invite them for a familiarization meeting.

The claimants added that in carrying out the directive, John and Ogunleye paid a friendly visit to SERAP’s office at 18 Bamako Street, Wuse Zone 1, Abuja on September 9 and met with one Ruth, who upon being informed about the purpose of the visit, claimed that none of SERAP’s management staff was in the country and advised that a formal letter of invitation be written by the DSS.

READ ALSO:DSS, Police Partner NCCSALW To End Terrorism, Mop Up Illegal Arms

Advertisement

John and Ogundele, who claimed that their interactions with Ruth were recorded, said before they immediately exited SERAP’s office, Ruth promised to inform her organisation’s management about the visit and volunteered a phone number – 08160537202.

They said it was surprising that, shortly after their visit, SERAP posted on its X (Twitter) handle – @SERAPNigeria – that officers of the DSS are presently unlawfully occupying its office.

The claimant added, “On the same day, the defendants also published a statement on SERAP’s website, which was widely reported by several media outfits, falsely alleging that some officers from the DSS, described as “a tall, large, dark-skinned woman” and “a slim, dark skinned man,” invaded their Abuja office and interrogated the staff of the first defendant (SERAP).

Advertisement

John and Ogundele stated that “due to the false statements published by the defendants, the DSS has been ridiculed and criticised by international agencies such as the Amnesty International and prominent members of the Nigerian society, such as Femi Falana (SAN)”.

“Due to the false statements published by the defendants, members of the public and the international community formed the opinion that the Federal Government is using the DSS to harass the defendants.”

READ ALSO:SERAP To Court: Stop CBN From ‘Implementing ‘Unlawful, Unjust ATM Fee Hike’

Advertisement

They added that the defendants’ statements caused harm to their reputation because the staff and management of the DSS have formed the opinion that the claimants did not follow orders and carried out an unsanctioned operation and are therefore, incompetent and unprofessional.

The claimants therefore prayed the court for the following reliefs: “An order directing the defendants to tender an apology to the claimants via the first defendant’s (SERAP’s) website, X (twitter) handle, two national daily newspapers (Punch and Vanguard) and two national news television stations (Arise Television and Channels Television) for falsely accusing the claimants of unlawfully invading the first defendant’s office and interrogating the first defendant’s staff.

“An order directing the defendants to pay the claimants the sum of N5 billion as damages for the libellous statements published about the claimants.

Advertisement

“Interest on the sum of N5b at the rate of 10 percent per annum from the date of judgment until the judgment sum is realised or liquidated.

“An order directing the defendants to pay the claimants the sum of N50 million as costs of this action.”

Advertisement
Continue Reading

Trending