Aug 10, 2023Aug 10, 2023

“August 15th Court Session: Emefiele and FG’s Applications on Illegal Firearm Possession to be Reviewed”

Posted By: Julian Daily Gist Editorial Team 0 Comment

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.

Julian Daily Gist Editorial Team

Julian Daily Gist Editorial Team is the team responsible for researching, writing, editing, and publishing news and feature content on Julian Daily Gist. Our coverage includes Nigerian current affairs, lifestyle, entertainment, sports, health, business, and human-interest stories. We aim to provide readers with timely, accurate, and responsibly sourced information. The Julian Daily Gist Editorial Team researches, writes, edits, and publishes news and feature content covering Nigerian current affairs, entertainment, sports, health, business, lifestyle, and human-interest stories. We aim to provide accurate, timely, and responsibly sourced information and update our reports when credible new information becomes available. The Julian Daily Gist Editorial Team is responsible for researching, writing, editing, and publishing content across Julian Daily Gist. Our coverage includes Nigerian current affairs, politics, business, entertainment, sports, health, lifestyle, and human-interest stories. We aim to provide readers with timely, accurate, useful, and responsibly sourced information. Our team makes reasonable efforts to verify important information, identify sources, distinguish allegations from confirmed facts, and update reports when credible new information becomes available. We also believe in transparency and accountability. Readers can contact our editorial team to report factual errors, request corrections, or provide additional information relevant to a published story. Editorial focus: News, current affairs, lifestyle, entertainment, sports, health, business, and human-interest stories. Team BIo: The Julian Daily Gist Editorial Team is responsible for researching, writing, editing, and publishing content across Julian Daily Gist. Our coverage includes Nigerian current affairs, politics, business, entertainment, sports, health, lifestyle, and human-interest stories. We aim to provide readers with timely, accurate, useful, and responsibly sourced information. Our team makes reasonable efforts to verify important information, identify sources, distinguish allegations from confirmed facts, and update reports when credible new information becomes available. We also believe in transparency and accountability. Readers can contact our editorial team to report factual errors, request corrections, or provide additional information relevant to a published story. Editorial focus: News, current affairs, lifestyle, entertainment, sports, health, business, and human-interest stories. Editorial Policy: At Julian Daily Gist, our goal is to provide readers with timely, useful, accurate, and responsibly presented news and information. We cover Nigerian current affairs, politics, business, entertainment, sports, health, lifestyle, human-interest stories, and other topics of interest to our readers. 1. Accuracy and Verification We make reasonable efforts to ensure that information published on Julian Daily Gist is accurate and presented in its proper context. Before publishing a report, our editorial team makes reasonable efforts to: - Check information against credible sources. - Verify names, dates, locations, figures, and other important details. - Attribute information to the appropriate source. - Distinguish confirmed facts from allegations, claims, opinions, and speculation. - Update stories when credible new information becomes available. When information cannot be independently verified, we make this clear to readers rather than presenting it as established fact. 2. Sources We use a range of sources, including: - Official government statements. - Police and security agencies. - Courts and legal documents. - Government agencies. - Direct interviews and statements. - Reputable news organizations. - Publicly available records. - Verified social media accounts and statements. When an article relies substantially on information reported by another publication, we aim to clearly attribute the information to that source. We do not intentionally present another publication's reporting as our own. 3. Originality Julian Daily Gist aims to provide original editorial value. When we report information that has already been published elsewhere, we seek to add value through original writing, context, verification, analysis, additional information, or other useful material. We do not intentionally copy and republish articles from other websites without appropriate attribution and meaningful editorial contribution. 4. Allegations and Sensitive Claims When reporting allegations involving individuals or organizations, we make reasonable efforts to clearly identify allegations as allegations. We avoid presenting unproven accusations as established facts. Where relevant, we seek or include responses from the person, organization, or representative concerned. For criminal matters, we recognize that an allegation, arrest, charge, or accusation does not by itself establish guilt. 5. Headlines Our headlines are intended to accurately reflect the content of our articles. We aim to avoid deliberately misleading headlines, fabricated claims, or headlines that exaggerate facts simply to generate clicks. 6. Corrections and Updates We take corrections seriously. If we discover that an article contains a significant factual error, we may correct or update the article as appropriate. Readers who identify an error are encouraged to contact us with specific information supporting the correction. Where appropriate, significant corrections or updates may be noted within the article. 7. Editorial Independence Editorial decisions are made independently of advertisers, sponsors, commercial partners, and other external interests. Advertising or sponsorship does not automatically influence our editorial decisions or the opinions expressed by our writers. 8. Sponsored and Promotional Content Where Julian Daily Gist publishes sponsored, paid, or promotional content, we aim to clearly identify it as such. Sponsored content does not necessarily represent the independent editorial views of Julian Daily Gist. 9. Conflicts of Interest Our editorial team should avoid situations where personal, financial, or other interests could improperly influence reporting. Where a relevant conflict of interest exists, we aim to disclose it when appropriate. 10. Use of Images and Other Media We aim to use images, videos, graphics, and other media responsibly and with appropriate permission, licensing, attribution, or other lawful basis where required. We do not knowingly use copyrighted material in a manner that infringes the rights of its owner. If you believe that material published on Julian Daily Gist infringes your copyright, please contact us so that we can review the matter. 11. Artificial Intelligence We may use technology and artificial intelligence tools to assist with certain editorial tasks, such as research support, proofreading, formatting, transcription, or drafting assistance. However, AI-generated information is not treated as automatically accurate. Content remains subject to human review, editing, fact-checking, and editorial judgment before publication where appropriate. We do not intentionally publish fabricated information generated by AI. 12. Privacy and Personal Information We take reasonable care when handling personal information and avoid publishing unnecessary private information about individuals. Sensitive personal information is published only when there is a legitimate public-interest reason and where appropriate. Our handling of visitor information is explained in our Privacy Policy. 13. Opinion and Commentary Opinion articles and commentary represent the views expressed by the respective writer or contributor. Where appropriate, opinion content will be identified as commentary, analysis, or opinion so that readers can distinguish it from straightforward news reporting. 14. User-Generated Content Comments and other material submitted by readers may be moderated. We reserve the right to remove content that is unlawful, defamatory, abusive, discriminatory, misleading, threatening, spam-related, or otherwise inappropriate. User comments do not necessarily represent the views of Julian Daily Gist. 15. Our Commitment We are committed to improving the quality, accuracy, transparency, and usefulness of Julian Daily Gist. As our publication grows, we will continue reviewing our editorial practices and updating this policy when necessary. 16. Contact and Corrections If you have a correction, clarification, complaint, copyright concern, or question about our editorial practices, please contact us through our Contact Us page.