Justice Nicholas Oweibo of the Federal High Court in Lagos yesterday fixed August 15, for the hearing in the applications filed by the suspended Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, seeking to stop the federal government from further remanding or prosecuting him before the court.
Justice Oweibo had earlier fixed yesterday for the hearing of the application but was forced to adjourn the proceedings to enable Emefiele’s lawyers to respond on points of law to the prosecution’s counter affidavit.
The judge had ruled that the application, which touched on the court’s jurisdiction, was a priority and would be taken alongside another application filed by the government seeking leave to appeal against the order granting bail to the suspended CBN Governor.
The court had granted Emefiele bail in the sum of N20 million after the federal government arraigned him on a two-count charge of illegal possession of firearms and ammunition.
The government had accused Emefiele of possessing a single-barrel shotgun (JOJEFF MAGNUM 8371) without a licence, an offence contrary to section 4 of the Firearms Act Cap F28 Laws of the Federation 2004 and punishable under Section 27 (1b) of the same Act.
The defendant was accused of having in his possession 123 rounds of live ammunition (Cartridges) without a licence, which is contrary to section 8 of the Firearms Act Cap F28 Laws of the Federation 2004 and punishable under Section 27 (1)(b)(il) of the same Act.
The defendant had pleaded not guilty to the charge.
Rather than obey the ruling of the court remanding Emefiele in the custody of the Ikoyi Custodial Centre of the Nigerian Correctional Services the Department of State Services (DSS) had rearrested him and kept him in their custody.
At the resumed hearing of the matter on Thursday, Mrs. K. A. Fagbemi, who is an assistant chief state counsel had told the court that the prosecution filed a Motion on Notice dated and filed August 3, 2023, and that they had served the defendant and the defence had equally responded.
But the defence counsel, Victor Opara (SAN), stated that the prosecution’s application was not ripe for hearing because it was served on them on August 4, 2023, in the afternoon, and by Monday they replied with their counter and served the complainant on Tuesday in Abuja.
Emefiele Moves To Stop Prosecution By DSS
Opara said that their own counter affidavit which is challenging the prosecution’s application is “germane and superior because of the persistent, relentless disobedience of the DSS to a clear, direct and potent order of the court on the bail application of his client”.
The lawyer, therefore, urged the court for a short adjournment to enable him to reply on points of law to the reply of the Prosecution.
But Fagbemi argued that the prosecution is the one who first filed its application seeking the leave of the court to appeal and to stay the proceedings of the court pending appeal.
She stated, “On the principle of first in time, our motion comes first, and it is ripe for hearing. It is trite that any application that seeks to bring life to a case and another that seeks death, that which seeks life should be taken first…”
“We urge the court to hear our application today. We are for them to respond to our reply to their application”, she said.
In his ruling, Justice Oweibo held that, “the business of the court today is the hearing of the prosecution’s motion. Filing is concluded, and it is ripe for hearing. The court’s attention has, however, been drawn to the defendant’s motion.”
The judge then adjourned the matter to August 15 for the hearing of both applications.
