The drama over the possible arrest of Mr. Godwin Emefiele, the Governor of the Central Bank of Nigeria has been taking much of the news-space for the past few weeks. The CBN Governor, who was on vacation in the U.K resumed work on Monday at the Central Bank Headquarters, Abuja, reportedly accompanied by five Senior Advocates of Nigeria, for which reason I fail to understand. Lawyers are not in any position to physically stop the DSS from arresting anyone, if the DSS wanted to yesterday. By the Rules of Professional Conduct, legal practitioners are enjoined to avoid situations where they will be putting themselves in conflicting positions for their clients; as counsel and witness. However, the statement of DSS that they did not invade the CBN Headquarters and never wanted to effect the arrest of the CBN Governor was reassuring.
But that is not all. The allegations against the CBN Governor are very serious. Financing terrorism and looting of stamp duty funds are allegations that can never be ignored. The order of the Federal High Court restraining the DSS and other security agencies from inviting and arresting Godwin Emefiele, however wrong it may be, is still an order of court and subsisting. That order must be respected until set aside by the same court or an appellate court.
Interestingly, the order of the Federal High Court did not stop the DSS or any of the security agencies from investigating Mr. Godwin Emefiele or prosecute him in a court of law. A prosecuting agency like the Ministry of Justice and the Nigerian Police do not require any order of court to arrest a suspect before he can be investigated or prosecuted. In fact, the prosecution of a suspect can commence without the suspect being arrested. This is in consonance with the spirit of section 35(2) of the Constitution of the Federal Republic of Nigeria, 1999 and the provisions of the Administration of Criminal Justice Act, 2015. These statutes actually encourage intelligence-driven investigation as against arrest-driven investigation, which is the daily routine of most of Nigeria’s security agencies.
Public officials should not be encouraged to use the law to cover up their official recklessness and misdemeanours. They should subject themselves to the law, like every other Nigerian. The Courts should not provide easy cover for them. They must account to the citizens of the Federal Republic of Nigeria. It has been in the news that several trillions of naira are missing from the stamp duty account. It has also been reported that there are some secret accounts in banks holding trillions of naira with no trace to their owners, and would be enough to pay Nigeria’s debt. I don’t know whether it is true. Unfortunately, and characteristically, the President of the Federal Republic of Nigerian and the Attorney General of the Federation have been keeping mute on these serious allegations. The DSS lacks prosecutorial powers; it is only a secret police. Would the office of the AGF be ready to prosecute Mr. Godwin Emefiele, if the facts reveal that he committed the crimes alleged?
The DSS and the office of the AGF do not require the arrest of Godwin Emefiele to commence prosecution, if truly there are facts supporting their allegations. Section 35 (2) of the Constitution guarantees a suspect’s right to remain silent and to “avoid answering any question…”. The AGF should file a criminal charge at the Federal High Court and serve same on Mr. Godwin Emefiele. The charge once filed, will require Godwin Emefiele to appear in Court to answer to the charge. Upon arraignment, he may have to apply for bail or the court can suomotu grant him bail on terms. None of these steps will violate the order of the Chief Judge of the Federal High Court, Hon. Justice TO. Tsoho.However, failure, to take any of the steps may compel discerning members of the public to suspect shenanigans and dirty politics can be prosecuted for fraud.
While Nigerians were yet to get over the Kaduna train attack and the kidnap of passengers, who were held for months by gunmen but finally released few months ago, another attack occurred again at the Chief Tom Ikimi train station at Okehen,Igueben in Edo State during last week end. Information garnered indicates that the gunmen came in their numbers and invaded the train station shooting sporadically. About 30 passengers who were waiting to board the train to Warri were reported to have been kidnapped while many others sustained various degrees injuries resulting from gunshots. There was no single armed security personnel at the train station. So, the gunmen had a free day. About 4 persons were reported to have been rescued, including 2 kids.
This latest attack on a train facility in Nigeria brings to fore the consistent failure of government at all levels to protect their citizens. Section 14(2) (b) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) provides that the “Security and welfare of the people shall be the primary purpose of government”In fulfillment of this constitutional duty, the Constitutionand the Police Act, 2020 established the Nigerian Police to provide grassroot security for the people. Amongst the departments in the Nigerian Police is the Railway Police Department headed by a substantive Commissioner of Police. It was therefore, expected that all train stations in Nigeria would be adequately manned by armed Policemen. This has never been the case.
Yours sincerely has had cause to travel on the Warri-Itakpe train route. I noticed that apart from the Ujevwu (Warri) and Itakpe train stations, many of the other train stations along that route lack the presence of armed Policemen. At the Agbarho train station, it is the local vigilante that provides security. At the Agbor train station, there is a special arrangement between the Nigerian Army and the State government to provide security only for vehiclesleaving the train station in the evening. So, there is a usually a long convoy of vehicles with the soldier’s vehicle at the front leading all the vehicles into Agbor town. After the soldiers leave the station, the Agbor train station is left with no security.
How long more do we continue like this, exposing train passengers to the risk of being kidnapped by gunmen, whom some alleged to be herdsmen? Is it not obvious that the present centralized policing system has completely failed? Now, local hunters are involved in the rescue of the abducted train passengers. Why the unjustified delay in creating State Police? Why are the States and local communities not empowered to create their own form of policing system and adequately armed to protect their people? The gunmen have free access to weapons, while not do same for law-abiding citizens?
It is a fact that Nigeria is grossly under-policed, with many of the Policemen deployed to protect VIPs and other persons (like wives and relations of VIPs) and institutions while the ordinary Nigerians are left to their fate. It is only in Nigeria that a Federal Minister or Governor would have 30 armed security personnel attached to him. Just few days ago, it was reported that the wife of the Director General of the Sate Security Service had a traffic incident at the Aminu Kano International Airport, Kano that led to the deployment of quite a number of DSS personnel for her personal protection, which created a scene at the airport. Of course, this Nigeria, where every public official is oga.
State Police is the solution to the current security challenges that Nigeria is facing. However, it was a huge surprise that the National Assembly excluded State police from the items to be included in the now aborted constitutional amendment process; inspite of the insistence of State Governors that State Police should be included. The world now recognizes security to be everyone’s business. The Government must make security all-inclusive to avoid Nigerians taking actions stop personally protect themselves and therefore, lose trust in the government. That would be bad for everyone.
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