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The Federal High Court in Lagos has rescheduled further proceedings in the case involving suspended Central Bank of Nigeria Governor, Godwin Emefiele. The adjourned date is now set for Tuesday, August 15th. Emefiele has filed applications seeking to halt any ongoing remand or prosecution by the Federal Government. The charges against him include illegal possession of a firearm and ammunition, as well as other potential charges.
Justice Nicholas Oweibo, presiding over the case, emphasized the significance of the application concerning the court’s jurisdiction. This application will be considered alongside another filed by the government, which aims to secure permission for an appeal against the bail granted to the suspended CBN governor.
During the proceedings, Victor Opara, a Senior Advocate of Nigeria representing the suspended CBN Governor, highlighted the application’s importance. He stressed that its relevance was underscored by the persistent and deliberate disregard of a clear, direct, and potent court order regarding his client’s bail application by the Department of State Services (DSS).
Opara informed the judge that he had just received the prosecution’s response to the application seeking to halt the trial of Emefiele on the same morning of the court session. He requested a brief adjournment to allow him the opportunity to respond to the Prosecution’s reply with regards to points of law.
Counsel for the Federal Government, Assistant Chief State Counsel KA Fagbemi, expressed a contrary viewpoint. She conveyed to the court that the prosecution had initially submitted an application seeking permission to appeal and to suspend the ongoing court proceedings pending the appeal process.
Fagbemi emphasized the importance of addressing the Federal Government’s application and suggested granting an adjournment for Emefiele’s application.
“Applying the principle of chronological precedence, our motion holds the senior position and is ready for consideration. It is an established legal maxim that when faced with an application that seeks to advance a case and another that seeks to hinder it, priority should be given to the one seeking advancement…”
“We respectfully implore the court to consider our application for today’s hearing. We wish to express our willingness to accommodate an adjournment, allowing ample time for the opposing party to address our counterarguments presented in response to their initial application,” she stated.
After attentive consideration of the arguments presented by both parties, Justice Oweibo issued his ruling, stating, “The primary focus of the court today revolves around the examination of the prosecution’s motion. The filing process has been completed, rendering it ready for deliberation. However, the court has also been apprised of the motion put forth by the defendant.
Recognizing the significance of the motion, which effectively challenges both the prosecution and the court’s jurisdiction, I hereby grant the defense the opportunity to provide their rejoinder. This will enable the joint consideration of both applications.”
Subsequently, the court decided to adjourn the proceedings to August 15th, when both applications will be addressed during the hearing.
On August 8th, the suspended governor of the Central Bank of Nigeria (CBN) submitted a formal request to the Federal High Court in Lagos. The purpose of this application is to halt the Federal Government’s ongoing prosecution against him, specifically regarding the alleged illegal possession of a firearm and ammunition, as well as any other potential charges.
Furthermore, the suspended governor is seeking a legal decree from the court that would absolve him of all accusations leveled by the Government. He asserts that the Government’s actions are a blatant disregard for the court’s standing orders, which had previously granted him bail on July 25, 2023. Additionally, he is seeking a specific order that would restrain the Federal Government from exploiting any legal advantages from the court system unless it complies with the conditions outlined in the bail ruling.
The application, presented by a legal team led by the Senior Advocate of Nigeria, Joseph Daudu, was formally submitted to the Vacation judge, Justice Nicholas Oweibo. It is based on the authority of Section 6(6)(a) of the 1999 Constitution (as amended), pertinent segments of the Administration of Criminal Justice Act, 2015, and the inherent powers inherent to the court.
Emphasizing his request, Emefiele, the suspended CBN Governor, urged Justice Oweibo to suspend any further progress in the ongoing case until he has exhausted all lawful avenues to compel both the government and the Department of State Services (DSS) to comply with the court’s bail order. This would entail either the enforcement of his release on bail or his confinement in the Nigerian Correctional Centre until the bail terms are fully met.
In essence, the application is aimed at invoking the court’s jurisdiction to uphold its own rulings and prevent any perception of judicial ineffectiveness. The applicant contends that these legal proceedings are essential to safeguard the dignity, authority, and fairness of the court, as well as to uphold the rule of law within our democratic framework.
Preceding Emefiele’s application, on August 3rd, the Federal Government also submitted a formal appeal to the same court. In this appeal, presented by Deputy Director of Public Prosecutions of the Federation, Nkiru Jones-Nebo, the Government seeks permission to challenge the bail granted to the suspended CBN governor. Alongside this appeal, the Federal Government also requests a suspension of the order to confine Emefiele in the Nigerian Correctional Services and instead, requests that he be held under the custody of the Department of State Services (DSS).
Justice Oweibo has scheduled a hearing for Thursday, August 10th, to address these legal matters.
