Emefiele’s Search for Freedom Drags on, Court Fixes Aug 15 for Continuation

Emefiele’s Search for Freedom Drags on, Court Fixes Aug 15 for Continuation

The ongoing legal battle between the Department of Secret Services and the suspended governor of the Central Bank of Nigeria, Godwin Emefiele, does not appear to be coming to an end anytime soon, as the Federal High Court in Lagos has set August 15 as the date to hear whether the DSS should keep the

The ongoing legal battle between the Department of Secret Services and the suspended governor of the Central Bank of Nigeria, Godwin Emefiele, does not appear to be coming to an end anytime soon, as the Federal High Court in Lagos has set August 15 as the date to hear whether the DSS should keep the embattled former CBN boss in its custody, despite a standing judgement that opposes it.

The Federal Government applied to the court on August 3rd for an order to halt the standing order that granted bail to the suspended former CBN boss, who was arraigned in court for illegal possession of a gun and ammunition, and to keep him in DSS custody.

The DSS also requested that the court sidelines the application that Mr. Emefiele had submitted on August 8th before Justice Nicholas Oweiba through his counsel, Mr. Joseph Daudu (SAN), in order to bar the DSS from later prosecuting him for illegally possessing firearms and ammunition or any other offence.

The federal government’s lawyer Ms. Kehinde Fagbemi, who is also the assistant state chief prosecutor, asked the court to hear her application before Emiefele’s prayer because her case had been filed before the defendant’s. Instead, the DSS urged the judge to keep the former CBN governor in its custody prior to the conclusion of its ongoing investigation.

The prosecutor added that the defendant was trying to end the case while the prosecutor was looking to keep it alive and that since the Federal Government had filed a court application before the defendant, it was only right under the principle of first in time for her application to be heard first. She requested that the application intended to continue the legal dispute be given priority over the one intended to end it.

Mr. Emiefiele’s lawyer, Victor Opara (SAN), argued on his client’s behalf that the court should hear his case today because the DSS previously disobeyed a court order by forcibly re-arresting the suspended CBN governor.

After hearing the arguments from both parties, Justice Oweibo stated that the sitting was to hear the prosecution’s motion, which he stated was ready for hearing. He did, however, set August 15th as the date for the hearing of the two cases, stating that the defendant’s application needed to be addressed as soon as possible.

It should be recalled that the suspended former CBN governor was arraigned in court on July 25th on a two-count charge of illegal possession of fire arms and ammunition after being detained for 45 days following his suspension as the head of the apex bank.

In his decision, Justice Oweibo granted Emefiele bail of N20 million and ordered that he be held in the custody of the Nigerian Correctional Service (NCoS) pending the completion of his bail condition.

Unhappy with the court’s decision, the DSS agents insisted that Emefiele be returned to their custody. This operation resulted in a fracas between the DSS and NCoS officials. After the face off, the secret service had its way and whisked Emefiele back to its custody.

Defending its actions, the DSS noted that it has operated within the ambit of the law, adding that its operation at the court was legally binding despite the court’s order.

The DSS had also applied to an Abuja High Court for an order to further detain Mr. Emefiele in an effort to justify its actions, but the application was denied due to the case’s lack of jurisdiction.

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