The Federal High Court in Lagos will next week hear two applications in the “illegal possession of firearms” case against the suspended Central Bank of Nigeria (CBN) Governor, Godwin Emefiele.
The first application, filed by the Ministry of Justice on August 3 is seeking leave to appeal the July 25 bail granted to Emefiele by Justice Nicholas Oweibo.
The second, filed by Emefiele on August 8 is praying to stop the Federal Government from further prosecuting him on the charge of illegal possession of a firearm and ammunition or any other charge.
Justice Nicholas Oweibo ruled that both applications would be taken on the same day.
Emefiele’s counsel, Victor Opara (SAN), said the application was “germane and superior by reason of the persistent, relentless disobedience of the State Security Service (SSS) to a clear, direct and potent order of the court on the bail application of his client”.
Opara informed the judge that the prosecution had only just served him with its reply to his application seeking to stop Emefiele’s trial.
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He asked for a short adjournment to enable him to file a reply.
But an assistant chief state counsel, K.A. Fagbemi disagreed.
She prayed the court to hear the Federal Government’s application and grant an adjournment for Emefiele’s application.
“On the principle of first in time, our motion comes first and it is ripe for hearing.
“It is trite that where any application seeks to bring life to a case and another seeks its death, that which seeks life should be taken first,” she said.
Justice Oweibo ruled: “The business of the court today is the hearing of the motion of the prosecution.
“Filing is concluded and it is ripe for hearing. The court’s attention has, however, been drawn to the defendant’s motion.
“Considering the priority of the motion which is in a way challenging the prosecution and the jurisdiction of the court, I shall allow the defence to respond so that both applications will be taken together.”
The court then adjourned till August 15.
The judge had on July 25 granted Emefiele N20 million bail on a two-count charge of illegal possession of firearms and ammunition.
He ordered the CBN governor’s remand at the Ikoyi Correctional Centre, pending the fulfilment of his bail conditions.
The SSS rearrested the embattled bank chief after fighting off NCoS officials on the court’s premises. The Nation