Emefiele Moves To Stop Prosecution By DSS

For allegedly disobeying an order of court granting him bail, the suspended governor of the Central Bank of Nigeria (CBN), Godwin Emefiele has urged a Federal High Court in Lagos to halt his trial before the court.

Emefiele also urged the court for an order discharging him of the charge of illegal possession of a firearm and ammunition or on any other charge for that matter prosecuted by the government who is in “brazen disobedience” of the subsisting orders of the court granting him bail on July 25, 2023.

The government on its part has an application dated August 3, 2023, seeking the leave of the same court to appeal against the order made by Justice Nicholas Oweibo admitting the suspended CBN governor to bail.

Justice Oweibo had granted Emefiele bail in the sum of N20 million after the federal government arraigned him on a two-count charge of illegally possession of firearms and ammunition.

The government has 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.

However, contrary to the order of the court remanding Emefiele in the Ikoyi Custodial Centre of the Nigerian Correctional Services pending the perfection of the bail terms, operatives of the Department of State Services (DSS) had rearrested and detained the defendant in its custody.

Emefiele in his application is also seeking an order of the court discharging him of all charges brought against him by the government, claiming it is in “brazen disobedience” of the subsisting orders of the court granting him bail on July 25, 2023.

The defendant is further seeking an order prohibiting the federal government from continuing to enjoy any form of indulgence from the courts except and unless it complies with the bail ruling.

The application was filed in pursuant to Section 6(6)(a) of the 1999 Constitution (as amended), relevant sections of the Administration of Criminal Justice Act, 2015 and under the inherent powers of the court.

The defendant is also praying Justice Oweibo to stay further proceedings in the present charge until he exhausts all the remedies available to him in law to compel the government and the DSS to obey the order of the court admitting him to bail or remanding him in the custody of the Nigerian Correctional Centre until he perfects his bail terms.

The defendant insisted he filed the application to invoke the jurisdiction of the court to enforce its orders so as not to be seen “as a toothless bulldog or paper tiger.”

He further maintained that the processes seek to preserve and protect the “efficacy, majesty and integrity of the court as well as the rule of law in our democracy.”

Justice Oweibo fixed August 10 for the hearing of the applications.