If given bail, Emefiele will flee, the DSS and OAGF inform the court.

Godwin Emefiele, the suspended governor of the Central Bank of Nigeria, will leave the country if granted bail, according to a statement made before the Federal Capital Territory High Court on Tuesday by the Department of State Services.

The Attorney General of the Federation agreed with the DSS’s position and labeled Emefiele a “flight risk.”

The DSS has been holding the former head of the apex bank without allowing him to visit his family or attorneys, and he is contesting this decision.

Emefiele was reportedly suspended by President Bola Tinubu on Saturday, June 10, 2023, and then arrested by the DSS.

At the resumption of hearing on Tuesday, both DSS and OAGF stated these  in separate counter-affidavits filed in a fundamental rights enforcement suit by the suspended CBN chief.

In its own affidavit, the OAGF dismissed the speculation that Emefiele was being held for terrorist-related crimes. It also said he was not being victimised for his involvement in politics and the botched naira redesign policy.

The OAGF said: “Issues of terrorism financing and fraudulent activities are not part of the grounds for the arrest and detention of the applicant.

“The respondents have not violated the applicant’s right to live in any way, his life is not in danger. The respondents did not subject the applicant to any judicial adjudication to warrant the allegation of denial of a fair hearing.

“With the remand order issued by a court of competent jurisdiction, the said violation of the applicant’s right to freedom of movement does not arise.

The respondents did not subject the applicant to any torture, the details of which have not been provided.”

The DSS, on its part, said that Emefiele was being held pursuant to an order of a competent court.

It added that the suspended CBN boss was arrested “upon reasonable suspicion of committing acts which constitute a criminal breach of trust, incitement to violence, criminal misappropriation of public funds, economic sabotage, economic crimes of national security dimension and undermining the security of the Federal Republic of Nigeria.”

Tijani Gazal, a Senior Advocate of Nigeria, who represented the OAGF in court requested that the lawsuit be dismissed because Emefiele’s claim of illegal imprisonment was unsubstantiated.

According to Gazali, the detention of the CBN governor was mandated by an FCT Chief Magistrates Court.

He informed the court that the first respondent, 0AGF, was contesting the court’s authority to hear the case.

Emefiele’s arrest and incarceration, according to the SAN, were made administratively by a branch of the Executive branch of government. He emphasized that the relief requested by an applicant determines the court’s jurisdiction.

Justice Hamza Muazu heard the parties’ arguments before adjourning for a decision on July 13th.