Custody Battle: Court Fixes August 15 To Hear FG, Emefiele’s Applications

• Federal High Court schedules August 15 for hearing applications to halt Emefiele’s prosecution and government’s appeal for bail
• Judge sets joint hearing due to defense needing to respond to prosecution’s counter-affidavit, adjourning the case

A Federal High Court sitting in Lagos yesterday set August 15 for the hearing of an application seeking to halt the prosecution of Godwin Emefiele, the suspended governor of the Central Bank of Nigeria.

On the same day, the court will hear an application by the federal government to appeal the bail granted to Mr Emefiele by the court on July 25.

The trial judge, Justice Nicholas Oweibo, set the date after hearing the parties’ arguments about whether they were ready for hearing or to allow the defence to respond to the prosecution’s further counter-affidavit, which was served on the defence in court just before the proceedings began.

In deciding whether the applications were ready for hearing, the judge stated that the prosecution’s application had been concluded and was ready for hearing. Still, because the defence had not responded to the further counter-affidavit served on him in court, it would be best if the applications were heard together on the same day.

As a result, the judge adjourned the case until August 15 to hear all applications.

Emefiele is set to stand trial on a two-count charge of “illegal possession” of firearms.

Emefiele seeks court order to stop FG’s prosecution

The suspended Governor of the Central Bank of Nigeria, Godwin Emefiele, has submitted a request to the Federal High Court in Lagos to halt the Federal Government, acting through the Department of State Services (DSS), from further prosecuting him. Emefiele, who the DSS arraigned on July 25 for alleged illegal firearm possession, was granted bail but later re-arrested by the DSS.

In a recent plea presented by his legal team, led by Mr. Joseph Daudu, SAN, Emefiele seeks the court’s order to dismiss all charges against him by the DSS. He argues that the DSS’s actions directly violate the court’s existing bail orders issued on July 25, 2023.

Emefiele also requests that the court prohibit the Federal Government from enjoying any privileges from the courts unless it complies with the bail ruling. Under the authority of Section 6(6)(a) of the 1999 Constitution (as amended), relevant portions of the Administration of Criminal Justice Act, 2015, and the court’s inherent powers, Emefiele urges the court to suspend further proceedings in the ongoing case until he exhausts all legal remedies to ensure the government and the DSS adhere to the court’s bail order.