Emefiele: Court fixes August 15 for hearing of prosecution, defendant’s applications
By Jude-Ken Ojinnaka
Justice Nicholas Oweibo of a Federal High Court sitting in Lagos on Thursday adjourned till August 15, 2023, for hearing of applications seeking to stop further prosecution of the suspended Central Bank of Nigeria Governor, Godwin Emefiele, while that of the Ministry of Justice seeks to appeal the bail granted Emefiele by the court.
Justice Oweibo fixed the date after listening to arguements of parties on whether they are ripe for hearing or to enable the defence reply the prosecution’s further counter affidavit which was served on the defence in court just before the proceedings began.
Ruling on whether the applications are ripe for hearing, the judge noted that the application of the prosecution has been concluded and was ripe for hearing but because the defence has not responded to the further counter affidavit served on him in court, it will be best for the applications to be taken jointly in one day.
Consequently the judge adjourned the matter to August 15, for hearing of all applications.
Earlier when the case was called, the prosecution counsel Mrs K. A. Fagbemi, an Assistant Chief State counsel appearing for the Federal Government, told the court that they filed a Motion on Notice dated and filed August 3, 2023, adding that they had served the defendant/ respondent and the defence had equally responded.
Responding, the defence counsel Victor Opara (SAN), argued that the prosecution’s application was not ripe for hearing.
He submitted that the complainant served them the application on Friday August 4, 2023, in the afternoon and by Monday they replied with their counter and served the complainant on Tuesday in Abuja.
Opara said that the defence counter affidavit was challenging the competence of complainant’s application.
He said,” Our conception is that by virtue of principle of priority of application, this our application is superior and it is stated in grounds 6 and 7 of our application.
“Their application by virtue of consistency disobedience of this court, they should not even be allowed to move the applications having disobeyed the court.”
Prosecution counsel Fagbemi, in her counter reply stated that the defence does not have right of reply to motion she filed, adding that by principle of priority the prosecution’s Motion comes first and was ripe for hearing.
She consequently urged the court to hear their application.
However, Mr Opara asked the court to give them time to reply to the application.
After listening to the argument of both counsel Justice Oweibo, held that the justice of the case will be met if both applications are taken the same day.
Emefiele in a Motion on Notice dated August 7, 2023, is asking for an order stopping the complainant from further prosecuting the instant charge or any other charge against him or seeking any form of indulgence before the court, inclusive of the application to grant leave to appeal against the order granting the appellant bail and other ancillary orders.
An order discharging the defendant/ applicant from the instant charge which can not be lawfully prosecuted by the complainant who is in brazen disobedience of subsisting orders of the court made on July 25, 2023.
Emefiele further asked the court for an order to stay further proceedings in the present charge until he exhausts all the remedies available to him in law to compel the government 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 through his team of counsel led by Senior Advocate of Nigeria, Joseph Daudu, filed the application before the vacation judge, Justice Oweibo who had admitted him to bail after he was arraigned.
The application was filed 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.
Emefiele further sought for the orders on the ground that until set aside, an order of court remains valid for all intents and purposes.
“That the complainant having brazenly defied the orders of court made in July 25, is in contempt of the proceedings of the court.
“ Until the complainant complies with the afore described subsisting orders of the court, it can not continue to lawfully prosecute the charge neither can it be afforded any right of audience in any court in Nigeria. “
He also sought to invoke the jurisdiction of the court to enforce its orders so as not to be seen as a toothless bulldog or paper tiger.
Besides, the applicant further stated 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.
In its Motion of Notice, the Federal Government is seeking inter alia: leave to appeal against the ruling of bail on the ground of mixed law and facts and a stay of the order placing him in the custody of the Nigerian Correctional Services.
Emefiele in a counter affidavit opposing the Motion on Notice , deposed to by a lawyer Adeogun Samuel in the chambers of one of the defendant’s legal team Victor Opara (SAN), stated that paragraphs 3g to 3q and paragraphs 4, 5 and 6 of the affidavit in support of the Complainant/ Applicant’s application are either false or untrue and are hereby denied.
He stated that contrary to the depositions in the affidavit in support of the Complainant/ Applicant’s application, the Complainant/ Applicant was served with the summons for bail, filed by counsel on behalf of the defendant/ Respondent.
The deponent also stated that the complainant’s counsel, Federal Deputy Director of Public Prosecutions Nkeiru Jones-Nebo had admitted on record before the court on July 25, 2023, that although the office of the Attorney General was served, there was no occupant of the AGF’s office hence they did not see the application.
“That the court rejected the excuse given by the complainant for not filing their counter affidavit in a considered ruling the court directed the applicant to move its application (Summons for bail).
“That the complainant’s Applicant’s application dated August 3, 2023, is grossly incompetent and does not vest this court with jurisdiction to determine same.
“That pursuant to the incompetence of the application and ‘unless you comply with the orders of the court your application can no longer be heard’ has been filed and ought to take precedence to this application for leave to appeal and other ancillary prayers.
“That in the alternative the defendant states in opposition to the complainant’s afore described application as follows:” That there is no pending Appeal before this honourable court because the Notices of Appeal annexed to the application has not been filed.”
Emefiele was arraigned on July 25, 2023, before the court on two counts bordering on illegal possession of firearms.
The Federal Government said it found Emefiele in possession of a single-barrel shotgun and 123 rounds of live ammunition without licences.
But the defendant pleaded not guilty and was granted N20 million bail with one surety in like sum.
On August 1, 2023, Justice Nicholas Oweibo had granted Emefiele leave to serve the Director General, Department of State Services, Mr Yusuf Bichi, through substituted service the order of the court admitting him to bail and directing his remand in the custody of the Nigerian Correctional Service.