Emefiele also asked for a further order prohibiting the government from continuing to enjoy any form of indulgence from the courts except and unless it complies with the bail ruling.
By Jeffrey Agbo
The suspended Central Bank of Nigeria (CBN) governor, Godwin Emefiele, and the Federal Government have been involved in a fresh clash over the bail granted him by Federal High Court Sitting in Lagos.
The Federal Government, last week, filed an application before the court seeking leave to appeal against the order granting bail to Emefiele.
Justice Oweibo fixed Thursday, August 10 to hear the application.
In the application filed on August 3 by a deputy director of public prosecutions of the Federation, Nkiru Jones-Nebo, the government also asked the court to stay execution of the order remanding Emefiele in the custody of the Nigeria Correctional Services and to make an order remanding him instead in the custody of the Department of State Services (DSS).
Emefiele, however, asked the court to stop the Federal Government from further prosecuting him on the charge of illegal possession of a firearm and ammunition or on any other charge for that matter.
He’s also seeking an order of the court discharging him of all offences prosecuted by the government which is in “brazen disobedience” of the subsisting orders of the court granting him bail on July 25, 2023.
Emefiele also asked for a further order prohibiting the government from continuing to enjoy any form of indulgence from the courts except and unless it complies with the bail ruling.
Through his lawyers led by Senior Advocate of Nigeria, Joseph Daudu, the suspended CBN Governor filed an application to this effect before vacation judge, Justice Nicholas Oweibo, who admitted him to bail after his arraignment.
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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 asked Justice Oweibo to stay further proceedings in the present charge until he exhausts all the remedies available to him in law to compel the government and the DSS 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.
A member of the defence team, Senior Advocate of Nigeria, Victor Opara confirmed that the application which was filed on Tuesday, was served on the government on Wednesday.
The application seeks to invoke the jurisdiction of the court to enforce its orders so as not to be seen as a toothless bulldog or paper tiger.
The applicant also says that the processes seek to preserve and protect the efficacy, majesty and integrity of the court as well as the rule of law.
