Dasukigate: Lawyers drop suit against Emefiele, Buhari, EFCC

Justice John Tsoho of the Federal High Court, Abuja on Monday struck out a suit seeking the prosecution of governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, over alleged unlawful disbursement of funds to the immediate past National Security Adviser (NSA), Mohammed Sambo Dasuki.

The judge’s decision was informed by a notice of discontinuance filed by the plaintiffs – Achilike Anderson, Uchenna Nnadi, Ohazuruike Tochukwu, Fatima Musa, Olamide Buba, Hassan Haruna, Elochukwu Nweke, Amina Abubakar, Eroni Ada and Joy Moses.

The plaintiffs, who said they are lawyers, were silent on the motive behind their sudden change of mind and the decision to withdraw the suit.

Listed with the CBN governor as defendants to the suit were President Muhammadu Buhari, the Economic and Financial Crimes Commission (EFCC) and the Senate.

The plaintiffs had in their suit marked: FHC/ABJ/CS/218/16, sought 10 prayers, including an order, “directing the EFCC to arrest and prosecute the CBN governor for offences of money laundering, unlawful, illegal and fraudulent direct cash payment to the Office of the National Security Adviser via a letter dated November 26, 2014 referenced: NSA/366/S.”

They also wanted the court to order the EFCC to carry out an investigation into the “unlawful, illegal, and
fraudulent act of the first defendant in making direct cash payment to the office of the NSA.”

The plaintiff wanted the court to direct the second defendant (the President) to write to the Senate, pursuant to the provision of Section 11 (2) (c) and (f) of the CBN (Establishment) Act Cap C4 LFN 2004, to demand the removal of the CBN governor.”

The plaintiffs urged the court to declare that by “virtue of the combined effect of Sections 1 and 10 (1) of the Money Laundering (Prohibition) Act 2004, the act of the first defendant (the CBN governor) in making direct cash payment in various sums of money to the Office of the NSA under the cover of ‘special services” in excess of the authorised limit cash payment and without giving the requisite report in writing within seven days to the third defendant (EFCC) constitutes a gross abuse of and misconduct in relation to the discharge of his duties.”

They also asked the court to declare that the special cash payment to the NSA office constitutes “a flagrant abuse of
financial regulations, lacking in due process and therefore illegal and unlawful.”

The plaintiffs sought a declaration that the first defendant is in breach of his statutory duty to promote sound financial system in Nigeria; ensure monetary stability and provide financial advice.

They asked the court to declare that the CBN governor has “misconducted” himself in the discharge of his duties such that pursuant to Sections 5 (1) (B), (D); (E) (H), (I), (L) and 6 of the EFCC Act, 2002, the anti-graft commission had the powers to investigate the cash payment to the NSA office.

They equally wanted the court to declare that the president was under the obligation to write the Senate praying for the removal of Emefiele as the CBN governor.

Source: Ripples Nigeria